[HISTORY: Adopted by the Common Council of
the City of Hudson by Ord. No. 1-81 as Ch. 11, Secs. 11.01 through 11.07 and 11.10 of the 1981
Code. Amendments noted where applicable.]
GENERAL REFERENCES
Animals — See Ch. 99.
Open burning — See Ch. 110.
Controlled substances and drug paraphernalia — See Ch. 118.
Housing standards — See Ch. 140.
Intoxicating liquor and fermented malt beverages — See Ch. 145.
Littering — See Ch. 154.
Loitering — See Ch. 157.
Peace and good order — See Ch. 187.
Solid waste — See Ch. 207.
Tobacco products — See Ch. 225.
Junked vehicles — See Ch. 237.
Weapons — See Ch. 246.
No person shall erect, contrive, cause, continue,
maintain or permit to exist any public nuisance within the City of
Hudson.
As used in this chapter, the following terms
shall have the meanings indicated:
A thing, act, occupation, condition or use of property which
shall continue for such length of time as to:
A.
Substantially annoy, injure or endanger the comfort,
health, repose or safety of the public.
B.
In any way render the public insecure in life or in
the use of property.
C.
Greatly offend the public morals or decency.
D.
Unlawfully and substantially interfere with, obstruct
or tend to obstruct or render dangerous for passage any street, alley,
highway, navigable body of water or other public way or the use of
public property.
E.
Substantially depreciate the value of adjoining or
neighboring property.
[Added by Ord. No. 15-94]
The following act, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 175-2:
A.
All decayed, harmfully adulterated or unwholesome
food or drink sold or offered for sale to the public.
B.
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.
Accumulations of decayed animal or vegetable matter,
garbage, trash, rubbish, rotting lumber, bedding, packing material,
scrap metal or any material whatsoever in which flies, mosquitoes,
disease-carrying insects, rats or other vermin may breed.
[Amended by Ord. No. 17-93]
D.
All stagnant water in which mosquitoes, flies or other
insects can multiply.
E.
Privy vaults and garbage cans which are not flytight.
F.
All noxious weeds and other rank growth of vegetation.
G.
All animals running at large.[1] Any animal which damages property, plantings or structures
or which deposits fecal matter on public or private property of others
or any animal that at any time has attacked or bitten a person outside
the owner's premises or any animal that is vicious, molests pedestrians
or bicyclists or that habitually chases automobiles on the public
highways or streets or any animal that is kept on the premises of
the owner or person harboring said animal under such unsanitary conditions
that the maintenance or keeping of said animal creates odors to the
annoyance of the public in the vicinity shall contribute to a public
nuisance.
[Added by Ord. No. 3-86]
H.
The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, industrial dust or other atmospheric pollutants
within the City limits or within one mile therefrom in such quantities
as to endanger the health of persons of ordinary sensibilities or
to threaten or cause substantial injury to property in the City.
I.
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.
J.
Any use of property, substances or other things within
the City emitting or causing any foul, offensive, noisome, nauseous,
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 City.
K.
All abandoned wells not securely covered or secured
from public use.
L.
Any use of property which shall cause any nauseous
or unwholesome liquid or substance to flow into or upon any street,
gutter, alley, sidewalk or public place within the City.
M.
The statutory
provisions describing and defining regulations with respect to indoor
smoking contained in § 101.123 of the Wisconsin Statutes,
known as the Clean Indoor Air Act, exclusive of any provisions therein
relating to the penalties to be imposed or the punishment for violation
of such statutes, are hereby adopted and by reference made a part
of this section as if fully set forth herein. Any act required to
be performed or prohibited by Wis. Stats. § 101.123 and
incorporated herein by reference is required or prohibited by this
section. The penalty for violation of Wis. Stats. § 101.123(2),
relating to an individual smoking in a prohibited area, shall be a
forfeiture of $25 for the first violation and $50 for each violation
thereafter. The penalty for violation of Wis. Stats. § 101.123(2m),
relating to responsibility of persons in charge allowing smoking in
violation of law, shall be a forfeiture of $50 for the first violation
and $100 for each violation thereafter.
[Added 3-29-2010 by Ord.
No. 4-10]
The following acts, omissions, places, conditions and things are hereby specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of § 175-2:
A.
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.
All gambling devices and slot machines.
D.
Any place or premises within the City where City ordinances
or state laws relating to public health, safety, peace, morals or
welfare are openly, continuously, repeatedly and intentionally violated.
E.
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 City.
F.
Any building or structure that is used to facilitate
the delivery, distribution or manufacture, as defined in § 961.01(6),
(9), and (13), Wis. Stats., respectively, of a controlled substance
as defined in § 961.01(4), Wis. Stats., or a controlled
substance analog, as defined in § 961.01(4m), Wis. Stats.,
and any building or structure where those acts take place, is a public
nuisance.
[Added 3-18-2002 by Ord. No. 1-02]
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 § 175-2:
A.
All signs and billboards, awnings, junked and unusable
automobiles and other similar structures over or near or on streets,
sidewalks, public grounds or places frequented by the public, so situated
or constructed as to endanger the public safety.[1]
C.
Any unauthorized sign, signal, marking or device placed
or maintained upon or in view of any public highway or railway crossing
which purports to be or may be mistaken as an official traffic control
device, railroad sign or signal or which, because of its color, location,
brilliance or manner of operation, interferes with the effectiveness
of any such device, sign or signal.
D.
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.
All limbs of trees which project over and less than
14 feet above the surface of a public sidewalk or street or less than
10 feet above any other public place.
G.
All buildings or structures so old, dilapidated or
out of repair as to be dangerous, unsafe, insanitary or otherwise
unfit for human use.
H.
All wires over streets, alleys or public grounds which
are strung less than 15 feet above the surface thereof.
I.
All loud, discordant and unnecessary noises or vibrations
of any kind.
K.
All obstructions of streets, alleys, sidewalks or
crosswalks and all excavations in or under the same, except as permitted
by the ordinances of the City, or which, although made in accordance
with such ordinances, are kept or maintained for an unreasonable or
illegal length of time after the purpose thereof has been accomplished.[5]
L.
All open and unguarded pits, wells, excavations or
unused basements freely accessible from any public street, alley or
sidewalk.
N.
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.
O.
Repeated or continuous violations of the ordinances
of the City or laws of the State of Wisconsin relating to the storage
of flammable liquids.
P.
Any accumulation of garbage or rubbish not placed
in approved containers and not set out on scheduled garbage or rubbish
pickup days, or the proceeding day, which creates an unsightly appearance
or which has a negative impact upon the property values of neighboring
properties.[7]
[Added by Ord. No. 15-94]
[Added 3-18-2002 by Ord. No. 1-02]
A.
Following receipt of written notice from the City
of Hudson that there has been conduct or activity occurring upon any
premises, which conduct or activity is defined as a public nuisance
or is prohibited by the Hudson City Code or Wisconsin Statutes, the
owner, tenant or person in charge of such premises shall, within a
reasonable time following notice from the City, notify in writing
the occupants of the premises where the conduct or activity occurred
that such illegal or public nuisance conduct must cease. Whether the
conduct or activity actually ceases shall not determine whether the
owner has complied with this section.
B.
Said written notification by the owner, tenant, or
person in charge of the premises to the occupant shall not relieve
the owner, tenant or person in charge of said premises of any other
responsibility under Wisconsin law or the Hudson City Code for continuing,
maintaining or permitting the public nuisance or illegal conduct or
activity on said premises and shall not limit the City's rights under
Wisconsin law or the Hudson City Code to proceed against the owner,
lessee, tenant, or occupant to abate and enjoin the public nuisance
or illegal activity.
C.
Any person violating the provisions of this section
shall, upon conviction, forfeit not more than $500 for each offense.
A.
Duties of officers. The Fire Inspector, Chief of Police,
Animal Control Warden, Fire Chief, Building Inspector and Planner/Zoning
Administrator shall enforce those provisions of this chapter 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 shall have 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.
Whenever practicable, the inspecting officer shall take photographs
of the nuisance condition and shall file them with the City Clerk.
[Amended by Ord. No. 3-86; Ord. No. 2-94; Ord. No. 3-98]
B.
Summary abatement.
(1)
Notice to owner. If the inspecting officer shall determine
that a public nuisance exists within the City and that there is great
and immediate danger to the public health, safety, peace, morals or
decency, the Mayor may direct the Chief of Police to serve notice
on the person causing, permitting or maintaining such nuisance or
upon the owner or occupant of the premises where such nuisance is
caused, permitted or maintained and to post a copy of said notice
on the premises. Such notice shall direct the person causing, permitting
or maintaining such nuisance or the owner or occupant of the premises
to abate or remove such nuisance within 24 hours and shall state that,
unless such nuisance is so abated, the City will cause the same to
be abated and will charge the cost thereof to the owner, occupant
or person causing, permitting or maintaining the nuisance, as the
case may be.
(2)
Abatement by City. If the nuisance is not abated within
the time provided or if the owner, occupant or person causing the
nuisance cannot be found, the Fire Inspector, in case of health nuisances,
and the Chief of Police, in other cases, shall cause the abatement
or removal of such public nuisance.
[Amended 5-1-2000 by Ord. No. 9-00]
C.
Abatement by court action. If the inspecting officer
shall determine that a public nuisance exists on private premises
but that the nature of such nuisance is not such as to threaten great
and immediate danger to the public health, safety, peace, morals and/or
decency, he shall file a written report of his findings with the Mayor,
who shall cause an action to abate such nuisance to be commenced in
the name of the City in the Circuit Court in accordance with the provisions
of W.S.A. ch. 823.
[Amended 5-1-2000 by Ord. No. 9-00]
D.
Other methods not excluded. Nothing in this section
shall be construed as prohibiting the abatement of public nuisances
by the City 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 chapter for the erection, creation, continuance or maintenance
of a public nuisance, the cost of abating a public nuisance by the
City 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.
