[HISTORY: Adopted by the Village Board of the Village of Saukville as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-17-1985 by Ord. No. 389 as Ch. 17 of the 1985 Code]
No person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance within the village.
As used in this article, the following terms shall have the meanings indicated:
- PUBLIC NUISANCE
- A public nuisance is 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.
- PUBLIC NUISANCES AFFECTING HEALTH
- The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances coming within the definition of "public nuisance" above:
- 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, 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.
- 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. 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. Any use of property, substances or things within the village 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 village.
- I. Any use of property which shall cause any nauseous or unwholesome liquid or substances to flow into or upon any street, gutter, alley, sidewalk or public place within the village.
- PUBLIC NUISANCES AFFECTING PEACE AND SAFETY
- 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 "public nuisance" above:
- A. 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. All buildings erected, repaired or altered within the village in violation of the provisions of the ordinances of the village, relating to materials and manner of construction of buildings and structures within such district.
- C. 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 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 10 feet above the surface of a public sidewalk or street or other public place.
- F. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
- G. All wires over streets, alleys or public grounds which are strung less than 18 feet above the surface thereof.
- H. All loud, discordant and unnecessary noises or vibrations of any kind.
- I. 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 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.
- J. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
- K. All abandoned refrigerators, ice boxes, or other containers which have airtight doors from which the doors and other covers have not been removed or which are not equipped with a device for opening from the inside.
- L. Any unauthorized or unlawful use of a public street, alley or sidewalk or of property abutting thereon which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
- M. Repeated or continuous violations of the ordinances of the village or laws of the State of Wisconsin relating to the storage of flammable liquids.
- PUBLIC NUISANCES OFFENDING MORALS AND DECENCY
- 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 "public nuisance" above:
- 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.
- C. Any place or premises within the village where village ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
Definitions. The following definitions cover the intended use of these words in this article:
- Any individual, partnership, association, syndicate, company, firm, trust, corporation, government corporation, department, bureau, agency or any other entity recognized by law as the subject of rights and duties.
- The Ringelmann Chart with instructions for use as published by the United States Bureau of Mines.
- Gasborne or other particles larger than one micron in mean diameter.
- Gases or vapors that are of such character as to create an unclean, destructive, offensive or unhealthful condition.
- OPEN FIRE
- Any fire wherein the products of combustion are emitted into the open air and are not directed thereto through a stack or chimney.
- Small gasborne particles consisting essentially of carbonaceous material in sufficient number to be observable.
- Agglomerated particles consisting essentially of carbonaceous material.
- STACK or CHIMNEY
- Flue, conduit or opening arranged for emitting gases into the open air.
Emission of smoke and fumes. No person shall cause, permit or allow the escape from any smoke stack, chimney, building or open fire, locomotive, steamship or tug within the corporate limits of the village or within one mile therefrom, into the open air such quantities of smoke, ash, dust, soot, cinders, acid, fumes, dirt, other material or noxious gases in such place or manner as to cause injury, detriment or nuisance to any person or the public, or to endanger the health or safety of any person or the public, or in such manner as to cause injury or damage to business or property, and such is hereby declared to be a public nuisance. The emission of smoke of 40% or greater density, as determined by the Ringelmann Chart, (40% density corresponding to Number 2 on such chart), shall be considered prima facie evidence of such a nuisance, except for a period not exceeding six minutes in any one hour during which time the fire box is cleaned out or a new fire is being built therein.
Emission of other noxious materials. No person shall cause, suffer or allow to be produced or emitted into the open air, from any premises within the village, dust, fly ash, soot, cinders, sawdust or waste particles from any manufacturing process, such as mineral, wool, lint, sawdust, coal dust, grease or paint.
Enforcement. The Chief of Police, Fire Chief, Building Inspector and 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 shall have inspected or caused to be inspected the premises where the nuisance is alleged to exist and has satisfied himself that it does in fact exist.
Notice to owner. If the inspecting officer shall determine 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 President may direct the Police Chief 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 such 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 village 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.
Abatement by village. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the officer having the duty of enforcement shall cause the abatement or removal of such public nuisance.
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 or decency, he shall file a written report of his findings with the Village Administrator who, upon direction of the Village Board, shall cause an action to abate such nuisance to be commenced in the name of the village in the Circuit Court in accordance with the provisions of Ch. 823, Wis. Stats.
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.
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 12-17-1985 by Ord. No. 389 as Secs. 14.03 to 14.07 and 14.15 of the 1985 Code]
The Health Officer and the Board of Health may make reasonable and general rules for the enforcement of this article, for the prevention of health nuisances and for the protection of the public health and welfare and may, where appropriate, require the issuance of licenses and permits. All such requirements when approved by the Village Board shall have the same effect as ordinances, and any person violating any of such regulations or any lawful order of the Board shall be subject to a penalty as provided in § 1-19 of this Code.
The Health Officer or the Board of Health may abate health nuisances in accordance with § 254.59, Wis. Stats., which is adopted by reference and made a part of this article as if fully set forth herein.
Chapter 252, Wis. Stats., and Chapter H 45, Wis. Adm. Code, are adopted by reference and made a part of this article; and the Health Officer shall enforce the provisions thereof.
Grade A milk required. No person shall sell, offer or expose for sale within the village any milk or milk product other than Grade A pasteurized milk or milk products as defined in Chapter AG 80, Wis. Adm. Code.
Frozen desserts. The provisions of Chapter AG 70, Wis. Adm. Code, relating to frozen desserts, exclusive of any provision thereof relating to the penalty, is hereby adopted and made a part of this article by reference. A violation of any such provisions shall constitute a violation of this article.
Statutory authorization. This section is enacted pursuant to § 66.052, Wis. Stats.
Permit required. No person shall conduct within the village any business which has a tendency to create a public nuisance, except upon permit issued by the Health Officer and subject to such conditions as he may impose.
Except as otherwise provided herein, any person who shall violate any provision of this article or any regulation, rule or order made hereunder shall be subject to a penalty as provided in § 1-19 of this Code.