[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:
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 § 234-2:
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, portable toilets and garbage cans. Privy, portable toilets and garbage cans which are readily accessible to insects and animals.
[Amended 7-20-2020 by Ord. No. 20-19]
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 well or cistern, stream, lake, canal or other body of water by sewage, creamery or industrial wastes or other substances.
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 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.
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 § 234-2:
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 pursuant to § 945.01(3), Wis. Stats.
[Amended 7-20-2020 by Ord. No. 20-19]
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 of Pleasant Prairie.
D. 
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.
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 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:
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 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.
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 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 full-grown 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. 
Building maintenance. All buildings and structures, including but not limited to their siding, roofing, gutters, downspouts, windows or doors that are not maintained in good repair or in sanitary conditions. Section 370-19D of this Code shall also apply related to building maintenance, safety and razing.
[Amended 7-20-2020 by Ord. No. 20-19]
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, except animals for production on agriculturally zoned land, which by frequent or habitual howling, yelping, barking, crowing or making of other noises greatly annoys or disturbs any person of ordinary sensibilities to an extent deemed unreasonable and a nuisance. Such determination may be made by any Village of Pleasant Prairie police officer or Village code enforcement officer.
[Amended 9-9-1991; 11-17-2003 by Ord. No. 03-48; 7-20-2020 by Ord. No. 20-19]
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. 
Parking lots. All on-site parking areas, excluding single-family or two-family properties, shall be free of debris, potholes, large cracks and damaged curbs or curb stops, and parking lots shall be properly striped. All parking lot lights shall remain in proper working order, free of rust and straight (at a ninety-degree angle to the grade below). Any bollards or other related protective barriers shall be free of rust, covered/sleeved or painted and straight (at a ninety-degree angle to the grade below).
[Added 7-20-2020 by Ord. No. 20-19]
[Added 5-1-2000 by Ord. No. 00-38]
A. 
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 areas of the Village of Pleasant Prairie where the use of compression release engine braking systems is permitted as defined follows:
[Amended 7-20-2020 by Ord. No. 20-19]
(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.
B. 
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.
C. 
Emergency vehicles shall be exempt from this section of the Code.
A. 
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 or Code Enforcement Officer may require such further descriptive detail as deemed necessary.
[Amended 7-20-2020 by Ord. No. 20-19]
B. 
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.
C. 
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 100-watt frosted incandescent bulb operating normally.
[Amended 7-20-2020 by Ord. No. 20-19]
D. 
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 or Code Enforcement Officer 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 or Code Enforcement Officer in determining the suitability of any light in those situations where it complies with the Electrical Code.
[Amended 7-20-2020 by Ord. No. 20-19]
E. 
Existing lighting for yards and buildings shall be inspected by the Building Inspector or Code Enforcement Officer for compliance with this section.
[Amended 7-20-2020 by Ord. No. 20-19]
F. 
"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.
A. 
Enforcement. The Chief of Police, Fire Chief, Building Inspector, Zoning Administrator, Code Enforcement Officer or their designees 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. The above employees are to be permitted access to the properties and structures during reasonable hours to make those inspections as deemed necessary by him or his designee to ensure compliance with this chapter; if, however, he or his designee is refused entry after presentation of identification, he or his designees may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats., or any subsequent amendment thereto and in accordance with any other applicable Wisconsin Statutes. 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.
[Amended 8-19-2019 by Ord. No. 19-27; at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
B. 
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 Village Administrator or designee 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.
[Amended 7-20-2020 by Ord. No. 20-19]
C. 
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.
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.
F. 
Discretion. The Chief of Police, Fire Chief, Building Inspector, Health Officer, Zoning Administrator, Code Enforcement Officer or their designees shall, upon conducting an inspection as outlined in this section, use their own professional discretion on a case-by-case basis, to determine if a nuisance or violation of this section exists.
[Added 2-15-2021 by Ord. No. 21-01]
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 Chapter 1, § 1-4 of this Code.