Chapter 8.05
PUBLIC NUISANCES
Sections:
8.05.040 Public nuisance defined.
8.05.050 Public nuisances affecting health.
8.05.060 Public nuisances offending morals and decency.
8.05.070 Public nuisances affecting peace and safety.
8.05.080 Storage of junk, etc., regulated.
8.05.090 Abatement of public nuisances.
8.05.010 Title – Purpose.
This chapter is entitled the “Town of East Troy Public Nuisance Ordinance.” The purpose of this chapter is as follows: prohibit public nuisance. Wherefore, no person shall erect, contrive, cause, continue, maintain or permit to exist any public nuisance as defined within this chapter within the Town of East Troy. (2008 code § 10.01)
8.05.020 Authority.
The Town Board of the Town of East Troy has the specific statutory authority, powers, and duties, pursuant to Wis. Stat. § 66.0415 and Chs. 146, 252 and 823, pursuant to the specific statutory sections noted in this chapter and/or by its adoption of village powers under Wis. Stat. §§ 60.10 and 60.22(3), to regulate, control, prevent and enforce against in the Town of East Troy certain uses, activities, businesses and operations by persons that may cause a public nuisance in the Town of East Troy. (Ord. 2010-24 § 1. 2008 code § 10.02)
8.05.030 Adoption of chapter.
The Town Board of the Town of East Troy has, by adoption of this chapter, confirmed the specific statutory authority, powers, and duties noted in the specific sections of this chapter and has established by these sections and this chapter, regulation, controls and enforcement against certain uses, activities, businesses and operations by persons that may cause a public nuisance in the Town of East Troy. (2008 code § 10.03)
8.05.040 Public nuisance defined.
A public nuisance is a thing, act, occupation, condition or use of property which shall continue for such length of time as to:
1. Substantially annoy, injure or endanger the comfort, health, repose or safety of the public;
2. In any way render the public insecure in life or in the use of property;
3. Greatly offend the public morals or decency;
4. 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. (2008 code § 10.04)
8.05.050 Public nuisances affecting health.
The following acts, 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 ETMC 8.05.040.
1. Adulterated Food. All decayed, adulterated or unwholesome food or drink sold or offered for sale to the public.
2. Unburied Carcasses. Carcasses of animals, birds or fowl not intended for human consumption of food which are not buried or otherwise disposed of in a sanitary manner within 24 hours after death.
3. Breeding Places for Vermin, Etc. 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 may breed.
4. Stagnant Water. All stagnant water in which mosquitoes, flies or other insects can multiply.
5. Privy Vaults and Garbage Cans. Privy vaults and garbage cans which are not fly-tight.
6. Noxious Weeds. All prohibited or restricted category of plants identified in Chapter NR 40, and any noxious weed as defined in Wis. Stat. § 66.0407(1)(b), are prohibited in the Town of East Troy. Additionally, the transportation of aquatic plants, as defined in Wis. Stat. § 30.07, is also prohibited.
All indigenous natural plants not identified as a noxious, prohibited or restricted plant or weed above are exempted from this chapter. Specific exemptions include but are not limited to the following categories:
a. Native Plantings. The use of native plant species for aesthetic and/or wildlife reasons.
b. Wildlife Plantings. The use of native and/or introduced plant species to attract wildlife.
c. Erosion Control. The use of plantings to reduce soil loss.
d. Wooded Areas. All areas that are predominantly woods.
e. Parks and Open Spaces. Any and all public parks and open space lands maintained by federal, state or local agencies including private conservation organizations.
f. Governmental Programs. Plantings carried out under federal, state or local programs that require the unimpaired growth of plants during a majority or all of the growing season.
g. Soil Fertility Building. Plantings that enrich or stabilize soil.
h. Educational Programs. Plantings designed for educational purposes.
i. Cultivation. Any plant species or group of plant species native or introduced and grown for consumption, pleasure or other business reasons.
j. Biological Control. The planting or a particular species or group of species which are planted to control or replace a noxious or restricted species of plant or weed.
All noxious, prohibited or restricted weeds and plants as identified above, and all nonnative lawn grasses shall be cut to a height not to exceed one foot. The Town may cause all weeds and grass to be cut and removed and brush to be removed for noncompliance with this chapter after mailing notice to a property owner that compliance with the chapter is demanded and the cost thereof charged to the property under Wis. Stat. § 66.0703.
To find out more about NR 40 and to get a list of regulated species you should refer to the following Wisconsin DNR website: http://dnr.wi.gov/invasives/classification/.
7. 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.
8. Noxious Odors, Etc. Any use of property, substances or things within the Town 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 people within the Town.
9. Street Pollution. 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 Town.
10. Air Pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust or other atmospheric pollutants within the Town 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 Town. (Ord. 2011-15 § 1; Ord. 2010-19 § 1. 2008 code § 10.05)
8.05.060 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 within the definition of ETMC 8.05.040:
1. 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.
2. Gambling Devices. All gambling devices and slot machines.
3. 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 Town.
4. Continuous Violation of Town Ordinance. Any place or premises within the Town where the Town ordinances or state laws relating to public health, safety, peace, morals or welfare are openly, continuously, repeatedly and intentionally violated.
5. Illegal Drinking. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of the law of the state of Wisconsin. (2008 code § 10.06)
8.05.070 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 definition of ETMC 8.05.040:
1. 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.
2. Illegal Buildings. All buildings erected, repaired or altered in violation of the provisions of the ordinances of the Town relating to materials and manner of construction of buildings and structures within the Town.
3. 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 its color, location, brilliance or manner of operation interferes with the effectiveness of any such device, sign or signal.
4. 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.
5. Tree Limbs. All limbs of trees which project over and less than 10 feet above any public sidewalk, street or other public place.
6. Dangerous Trees. All trees which are a menace to public safety or are the cause of substantial annoyance to the general public.
7. Fireworks. All use or display of fireworks except as provided by the laws of the state of Wisconsin and ordinances of the Town.
8. Dilapidated Buildings. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human use.
9. Wires and Cables over Streets. All wires and cables over streets, alleys or public grounds which are strung less than 15 feet above the surface thereof.
10. Noisy Animals or Fowl. The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the Town.
11. 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 Town or which, although made in accordance with such ordinances, kept or maintained for an unreasonable or illegal length of time after the purpose thereof has been accomplished, or do not conform to the permit.
12. 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. (2008 code § 10.07)
8.05.080 Storage of junk, etc., regulated.
No person shall store junked or discarded property including automobiles, automobile parts, trucks, tractors, refrigerators, furnaces, washing machines, stoves, machinery or machinery parts, wood, bricks, cement blocks, or other unsightly debris which substantially depreciates property values in the neighborhood except in an enclosure which houses such property from public view.
The Town Board may require by written order any premises violating this section to be put in compliance within the time specified in such order, and if the order is not complied with, may have the premises put in compliance and the cost thereof assessed as a special tax against the property. (2008 code § 10.08)
8.05.090 Abatement of public nuisances.
1. Enforcement. The Chief of Police, the Chief of the Fire Department, the Building Inspector and Health Officer shall enforce those provisions of this chapter that come within the jurisdiction of their offices, and they shall make periodic inspections and inspections upon complainant to insure that such provisions are not violated. No action shall be taken under this chapter 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 have satisfied himself that a nuisance does in fact exist.
2. Summary Abatement. If the inspecting officer shall determine that a public nuisance exists within the Town and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Town 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.
3. Abatement After Notice. 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 serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within such 10 days, the proper officer shall cause the nuisances to be removed as provided in subsection (2) of this section.
4. Other Methods Not Excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Town or its officials in accordance with the law of the state of Wisconsin.
5. Court Order. Except when necessary under subsection (2) of this section, no officer hereunder shall 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 in the abatement of the public nuisance. (2008 code § 10.09)
8.05.100 Cost of abatement.
In addition to any other penalty imposed by this chapter for the erection, construction, creation, continuance or maintenance of a public nuisance, the cost of abating a public nuisance by the Town, including attorneys fees, shall be collected as a debt from the owners, occupant or person causing, permitting or maintaining the nuisance, and if notice to abate the nuisance has been given to the owner, occupant or person, such cost shall be assessed against the real estate as special charge. (2008 code § 10.10)
8.05.110 Penalties.
1. General Penalty. Except as otherwise provided, any person who shall violate this chapter shall upon conviction thereof forfeit not less than $10.00 nor more than $500.00, together with the costs of prosecution, and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the county jail until such forfeiture and costs are paid, but not exceeding six months.
2. Continuing Violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this code shall preclude the Town from maintaining any appropriate action to prevent or remove a violation of any provision of this code. (2008 code § 10.11)