[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:
A public nuisance is a thing, act, occupation, condition or use of
property which shall continue 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
hereby specifically declared to be public health nuisances coming within the
definition of "public nuisance" above:
All decayed, harmfully adulterated or unwholesome food or drink sold
or offered for sale to the public.
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.
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.
All stagnant water in which mosquitoes, flies or other insects can multiply.
Privy vaults and garbage cans which are not flytight.
All noxious weeds and other rank growth of vegetation.
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.
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.
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.
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:
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.
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.
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.
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.
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.
All buildings or structures so old, dilapidated or out of repair as
to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
All wires over streets, alleys or public grounds which are strung less
than 18 feet above the surface thereof.
All loud, discordant and unnecessary noises or vibrations of any kind.
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.
All open and unguarded pits, wells, excavations or unused basements
freely accessible from any public street, alley or sidewalk.
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.
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.
Repeated or continuous violations of the ordinances of the village or
laws of the State of Wisconsin relating to the storage of flammable liquids.
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:
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.
All gambling devices and slot machines.
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.
A.
PERSON
CHART
DUST
FUMES
OPEN FIRE
SMOKE
SOOT
STACK or CHIMNEY
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.
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.
Flue, conduit or opening arranged for emitting gases into the open
air.
B.
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.
C.
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.
A.
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.
B.
Summary abatement.
(1)
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.
(2)
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.
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 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.
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.
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.
A.
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.
B.
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.
A.
Statutory authorization. This section is enacted pursuant
to § 66.052, Wis. Stats.
B.
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.