[HISTORY: Adopted by the Village Board of the Village of Pleasant Prairie as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-2-1988 as Ch. 10 of the 1988 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:
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
In any way render the public insecure in life or in the use of property.
Greatly offend the public morals or decency.
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 § 234-2:
Adulterated food. All decayed, adulterated or unwholesome food or drink sold or offered for sale to the public.
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.
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.
Stagnant water. All stagnant water in which mosquitoes, flies or other insects can multiply.
Privy vaults and garbage cans. Privy vaults and garbage cans which are not flytight.
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.
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.
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 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 Village.
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.
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 § 234-2:
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.
Gambling devices. All gambling devices and slot machines.
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 of Pleasant Prairie.
Continuous violation of Village ordinances. Any place or premises within the Village of Pleasant Prairie where Village ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
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 Village.
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 § 234-2 of this article:
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.
Illegal buildings. All buildings erected, repaired or altered within the fire limits of the Village of Pleasant Prairie in violation of the provisions of the ordinances of the Village relating to materials and manner of construction of buildings and structures within said district.
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 their color, location, brilliance or manner of operation interfere with the effectiveness of any such device, sign or signal.
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.
Low-hanging tree limbs. All limbs of full-grown trees which project over and less than 10 feet above any public sidewalk, street or other public place.
Dangerous trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
Fireworks. All use or display of fireworks except as provided by state laws and Village ordinances.
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.
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.
Noisy animals or fowl. The keeping or harboring of any animal or fowl, except animals for production on agriculturally zoned land, which by frequent or habitual howling, yelping, barking, crowing or making of other noises to an extent deemed unreasonable and a nuisance shall be prohibited. Such determination may be made by any Village of Pleasant Prairie police officer or in writing by members of at least two households in close proximity to the source of the noise.
[Amended 9-9-1991; 11-17-2003 by Ord. No. 03-48]
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.
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.
[Added 5-1-2000 by Ord. No. 00-38]
Definitions. The following terms as used in this section shall have the meanings indicated:
- COMPRESSION RELEASE ENGINE BRAKING SYSTEM
- A device that modifies the timing on the exhaust valves of a diesel engine in such a manner that the exhaust valve opens right as the piston reaches the top of the compression stroke, gathering the energy as the compressed air is released, causing the release or loss of compressed power in the compression stroke.
- COMPRESSION RELEASE ENGINE BRAKING SYSTEM ZONE
- The area of the Village of Pleasant Prairie where the use of compression release engine braking systems is permitted is defined follows:
- (1) The I-94 frontage roads.
- (2) STH 165 between 1-94 and STH 31.
- (3) CTH "H" between Bain Station and 116th Street.
- (4) STH 31 between Bain Station Road and 128th Street.
- (5) 80th Avenue between 95th Street and 116th Street.
- (6) 116th Street between STH 31 and CTH "H."
- (7) 95th Street between STH 31 and CTH "H."
- (8) 109th Street between 80th Avenue and CTH "H."
- (9) 100th Street between CTH "H" and 78th Avenue.
- (10) 102nd Street between 86th Avenue and 82nd Avenue.
- (11) 107th Street between 86th Avenue and 82nd Avenue.
- (12) 86th Avenue between STH 165 and 102nd Street.
- (13) 82nd Avenue between STH 165 and 102nd Street.
- (14) 86th Avenue between STH 165 and 107th Street.
- (15) 82nd Avenue between STH 165 and 107th Street.
- JAKE BRAKE
- A registered trademark of Jacobs Vehicle Systems. The Jacobs product is only one of a number of engine retarding products. The intent of this section is not to single out only the products manufactured by Jacobs Vehicle Systems or its brand name product.
- 10.0L DISPLACEMENT ENGINE
- A diesel engine description used extensively to describe the engine used in heavy trucks. Federal transportation regulations require that all vehicles manufactured since 1978 are required to emit sounds less than 80 dBa as they drive by, measured at a distance of 50 feet from the roadway. 10.0L displacement engine trucks manufactured after 1978 that have modified or defective exhaust systems, such as straight or gutted stacks, will emit a sound louder than 80 dBa when a compression release engine braking system is engaged.
No motor vehicle operator shall engage a compression release engine braking system in any 10.0L displacement engine, or any motor vehicle, or any unit, outside of the compression release engine braking system zone, except in the case of an extreme emergency.
Emergency vehicles shall be exempt from this section of the Code.
No illuminated sign, yard light, area light, parking lot and service area light or other illumination shall be permitted or maintained in the Village without first obtaining a permit therefor from the Building Inspector. Before the Building Inspector issues a permit, the applicant shall submit data on fixtures and locations in sufficient detail to fully determine the nature and extent of the work proposed. The Building Inspector shall examine the data to determine if the same complies with the Electrical Code. The Building Inspector may require such further descriptive detail as he may deem necessary.
All lighting and glare-producing processes shall be installed so that direct rays from a light-emitting element or surface shall be shielded by suitable skirtings, louvers or recessed housings or locations and by directing fixtures so that the emitted direct rays are not visible beyond the property line or a parking lane or alley adjacent to the site.
Lighting with low surface brightness prisms having a forty-five-degree under cutoff may be acceptable in some cases without shielding. Bulb, strip or tube lighting shall not be acceptable unless fully shielded so that all direct lighting is retained within the property. The brightness shall not exceed that of a one-hundred-watt frosted incandescent bulb operating normally.
No illuminated sign, yard light, area light, parking lot or service area light or other illumination shall be permitted or maintained because of direction, brilliancy, animation, flashing or other similar features if it is found by the Building Inspector to be an unreasonable nuisance to other properties or detrimental to the public safety or general welfare. The criteria set forth above shall be utilized by the Building Inspector in determining the suitability of any light in those situations where it complies with the Electrical Code.
Existing lighting for yards and buildings shall be inspected by the Building Inspector for compliance with this section.
"Illuminated sign" shall mean any sign which has characters, letters, figures, designs or outline illuminated by electric lights or luminous tubes as part of the sign proper.
Enforcement. The Chief of Police, Fire Chief, Building Inspector and the Health Officer shall enforce those provisions of this article 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 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.
Summary abatement. If the inspecting officer determines that a public nuisance exists within the Village and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Chairman 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.
Abatement after notice. If the inspecting officer determines that a public nuisance exists on private premises but that such nuisance does not threaten great and 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.
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.
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.
[Adopted 2-4-2002 by Ord. No. 02-06 (§ 9.09 of the 1988 Code)]
For the purpose of this article, the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include a singular number, and words in a singular number include the plural number. The word "shall" is always mandatory and not merely directory.
- COMMUNITY DEVELOPMENT DIRECTOR
- The Community Development Director of the Village of Pleasant Prairie, Kenosha County, Wisconsin, or her designee.
- Includes, but shall not be limited to, appliances, refrigerators, stoves, furnaces, washing machines, tires, wood, machinery, machinery parts, or other unsightly debris the condition of which is wrecked, dismantled, partially dismantled, discarded or inoperative in the case of appliances.
- MOTOR VEHICLE
- Any vehicle which is self-propelled and designed to travel along the ground, and shall include but not be limited to automobiles, buses, motorbikes, motorcycles, motor scooters, motor homes, trucks, tractors, go-carts, golf carts, campers, and mopeds.
- NUISANCE MOTOR VEHICLE
- As defined in Ch. 340, Wis. Stats., shall include any inoperable or unlicensed or unroadworthy or disassembled or wrecked motor vehicle.
- Any person, firm, partnership, association, corporation, company, or organization of any kind.
- PRIVATE PROPERTY
- Any real property within the Village which is privately owned and which is not public property as defined in this section.
- PUBLIC PROPERTY
- Any street or highway, which shall include the entire width between the boundary lines of every way publicly maintained for the purposes of vehicular traffic, and shall also mean any other publicly owned property or facility.
- The Village of Pleasant Prairie, Kenosha County, Wisconsin.
No person shall park, store, leave, or permit the parking, storing, or leaving of any motor vehicle of any kind which is in an abandoned, wrecked, dismantled, inoperative, rusted, junked, or partially dismantled condition, whether attended or not, upon any private property within the Village. The presence of an abandoned, wrecked, dismantled, inoperative, rusted, junked or partially dismantled vehicle, or parts thereof, on public or private property is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this article. In addition, violators shall be subject to a municipal citation for a monetary forfeiture. This section shall not apply to any vehicle enclosed within a building on private property or to any vehicle held in connection with a business enterprise lawfully licensed by the Village and properly operated in the appropriate business zone pursuant to the zoning laws of the Village.
All premises shall be maintained by the responsible person in a clean, sanitary and reasonably safe condition. No person shall store or permit to be stored, outside of an enclosed building, without a permit issued by the Village, any of the following:
Rubbish and garbage not placed in proper containers.
Household hazardous waste.
Any condition which encourages rodent infestation or rodent harborage.
Used building materials.
Animal feces which are present.
Appliances, furnaces, water heaters, water softeners or building materials which are not integrated into a structure.
Combustible materials which are not used as an integral part of an authorized business carried out on the premises.
Raw material, equipment parts or bulk commodities, unless said items are raw material used in a lawful business carried out on the premises and stored in a lawful manner.
Parts of a motor vehicle, boat or aircraft.
Tires (excluding tires used as sandboxes, swings or playground equipment).
The presence of junk and unsightly debris is hereby declared a public nuisance which may be abated as such in accordance with the provisions of this article. In addition, violators shall be subject to a monetary forfeiture municipal citation.
Whenever the existence of any such nuisance as defined in this article comes to the attention the Chief of Police or his/her designee, in the case of a nuisance motor vehicle, or the Community Development Director or his/her designee, in the case of other accumulations of junk and unsightly debris, a notice of violation shall be given to the occupant of the premises in the following manner.
Form. Such notice and order shall:
Be in writing.
Include a statement of the violation with reference to the applicable provisions of this article.
With respect to nuisance automobiles located on private property, the notice shall contain an order that the occupant shall, within 30 days, repair, assemble, make the vehicle operable and roadworthy and license any vehicle which may not be licensed or, in the alternative, place such vehicle in a garage or enclosed structure or remove the vehicle from the property and place such vehicle within a duly authorized and licensed sales, repair or salvage business lawfully operating within a properly zoned area and in compliance with all state and local laws, rules, regulations, licenses and permits. The notice shall further advise the owner of the vehicle that if the nuisance is not corrected, the vehicle is subject to being towed and stored at the owner's expense and, if not redeemed, disposed of by the tower as authorized by state law.
With respect to junk and unsightly debris, the notice shall contain an order to place such junk in an enclosed structure or remove it from the premises. The notice shall further advise the owner that if the nuisance is not corrected, the Village may direct its employees or its agents to enter onto the subject premises and place the property in compliance and dispose of the junk and debris, with the costs thereof being charged to the owner or assessed as a special tax assessment against the real estate.
Advise the occupant and/or owner that he is additionally subject to a money forfeiture for each day of a violation of this article pursuant to § 234-15 of this article.
Include a notice of the hearing process.
Be served upon the responsible person or occupant, where relevant.
Method of service. Such notice and order shall be deemed to be properly served if a copy thereof is given as follows:
Notice shall be given to the occupant of the premises in the following manner:
By personally serving notice upon the occupant of the land where the nuisance exists in the manner provided by Wisconsin State Statutes for the service of process.
If with reasonable diligence the occupant of the land upon which the nuisance exists cannot be served under Subsection B(1)(a), then notice shall be given by posting a copy of the notice on or about the main entrance to the structure occupied by the occupant of the subject premises and by mailing a copy by United States first class mail, postage prepaid, addressed to the occupant of the premises.
In the case of a nuisance automobile, notice shall also be given to the owner of the motor vehicle as provided in Subsection B(1)(a). If with reasonable diligence the owner cannot be personally served, then notice shall be given by mailing a copy of the notice to the owner's address as shown on the records of the Wisconsin Department of Transportation and posting a copy on the vehicle.
In the case of junk and debris, notice shall also be given to the owner of record of the real estate where the junk and debris are located in the manner provided in Subsection B(1)(a). If with reasonable diligence the owner cannot be personally served, then notice shall be given by mailing a copy of the notice to the owner's last known address.
The following procedures or any combination thereof may be utilized to eliminate the nuisance:
Nuisance motor vehicles.
With respect to nuisance motor vehicles upon private property, if the violation described in the notice has not been remedied within the thirty-day period for compliance or, in the event that a notice for hearing is timely filed, a hearing is had and the existence of the violation is affirmed, the Village or its designee shall have the right to take possession of the nuisance vehicle and tow it from the premises, with the cost and expense charged to the owner or assessed as a special tax assessment against the real estate. Any unclaimed towed vehicles may be disposed of by towers through means and procedures authorized by law.
Notice of removal. Within 48 hours of the removal of such junked motor vehicle, the Chief of Police shall give notice to the registered owner of the vehicle, if known, and to the owner or occupant of the private property from which the vehicle was removed that said vehicle or vehicles have been impounded and stored for violation of this article. The notice shall give the location where the vehicle or vehicles are stored and the costs incurred by the Village for the removal.
Other junk and debris. With respect to other junk and debris, if the violation described in the notice has not been remedied within the thirty-day period or, in the event that a notice for hearing is timely filed, a hearing is had and the existence of the violation is affirmed, the Village may direct its employees or its agents to enter onto the subject premises and place the property in compliance and dispose of the junk and debris, with the costs thereof being charged to the owner or assessed as a special tax assessment against the real estate.
Additional remedy. As to any nuisance described herein, the Village may issue a municipal citation to the owner or occupant for violation of this article which, upon conviction, would subject the owner or occupant to a fine not to exceed $645 for each day the violation remains in existence following the service of notice for the violation and after any appeal has been exhausted.
Request for administrative hearing. The persons to whom the notices are directed, or their duly authorized agents, may file a written request for hearing before the Community Development Director as a designee of the Village Board of Pleasant Prairie within the thirty-day period of compliance prescribed in § 234-14.
Procedure for administrative hearing.
Purpose of hearing. The only purpose of a hearing hereunder is to permit the owner or possessor of the nuisance property to show that the nuisance to be abated is, in fact, not a nuisance subject to removal or abatement hereunder.
Stay pending hearing. Where a hearing is requested within the time provided for compliance with this article in the notice, no action shall be taken to eliminate or abate the nuisance by removing the subject property from the premises until the hearing is held.
Date for hearing. The hearing will be held as soon as practicable after the filing of the request, and the persons to whom the notices are directed shall be advised, in writing, of the time and place of said hearing at least five days business days in advance thereof.
Content of written request for hearing. The request for the administrative hearing shall state the error alleged in the initial determination of the Community Development Director or her designee and shall provide the address and phone number of the owner of the nuisance property or the occupant of the premises requesting the hearing.
Failure to appear. The failure of the owner of the nuisance property or the occupant of the premises to appear at the scheduled hearing shall constitute a waiver of said right to a hearing.
Nature of hearing. The person conducting the hearing, which shall be informal and not subject to the rules of evidence, shall note in writing the facts presented and the position of the owner or possessor of the property alleged to be a nuisance, shall mark and retain exhibits and shall determine, in writing, whether or not this article has been violated. At any such hearing, the Village and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
Administrative hearing decision. A decision shall be made by the Community Development Director in writing and filed with the Village Clerk within five business days after the administrative hearing. If this article has been determined by the Director to have been violated, the owner or possessor of the property determined to be a nuisance shall be notified of a compliance date which is not less than 14 days from the date of the written decision. Any further appeal shall be pursuant to Subsection B of this section.
Appeal of the administrative hearing decision. An appeal shall be as hereinafter provided, the Village electing not to be governed by Ch. 68, Wis. Stats.
Request for an appeal. An aggrieved party desiring to appeal from an administrative hearing determination pursuant to Subsection A shall file a written notice of appeal which must be received by both the Village Clerk and the Community Development Director prior to the expiration of the time for compliance with this article provided in the decision of the Community Development Director.
Procedure for appeal.
Purpose of appeal hearing. The only purpose of an appeal hearing hereunder is to permit the owner or possessor of the nuisance property to show that the nuisance to be abated is, in fact, not a nuisance subject to removal or abatement hereunder.
Nature of appeal. The review shall be a de novo (new) review of the decision of the Community Development Director.
Stay pending appeal. Where an appeal is requested within the time provided for compliance with this article in the notice, no action shall be taken to eliminate or abate the nuisance by removing the subject property from the premises until the appeal is held.
Content of notice of appeal. The notice of appeal shall state the error alleged in the initial decision and shall provide the address and phone number of the appellant and a filing fee of $50.
Appeal board. The appeal shall be heard by a quorum of the Village Zoning Board of Appeals at a regularly scheduled meeting or a special meeting called by the Chairman of the Board.
Notice required. The Village shall file a Class 1 notice pursuant to the Wisconsin States Statutes, and a written notice shall be sent via regular mail to the appellant a minimum of five business days prior to the appeal hearing.
Failure to appear. The failure of the owner of the nuisance property or the occupant of the premises to appear at the scheduled appeal hearing shall constitute a waiver of said right to a hearing.
Nature of appeal hearing. The appeal hearing shall not be subject to the rules of evidence. However, any witness giving testimony shall be sworn. The testimony shall be electronically or stenographically recorded.
Appeal of hearing decision. A decision shall be made by a majority of the Board. The Board's decision shall be in writing and filed with the Village Clerk within five business days after the hearing. If the initial finding of the Community Development Director is upheld, the appellant shall be notified in writing and given at least 48 hours to comply with this article and the decision of the Board. Any further appeal shall be by writ of certiorari to the Circuit Court of Kenosha County.