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TOWN
OF GREENVILLE
ORDINANCE
DEFINING AND PROHIBITING PUBLIC NUISANCES
ORDINANCE
20
WHEREAS,
the Town of Greenville Town Board has been granted village powers by the
electors at a duly noticed annual town meeting, in accordance with Wisconsin
Statutes Section 60.10(2)(c), and has the power granted to villages in
accordance with Wisconsin Statutes Section 60.22 (3).
WHEREAS, it is in the public interest and
welfare to define and prohibit public nuisances in the Town of Greenville, as
provided herein
NOW, THEREFORE, the Town Board of
Supervisors of the Town of Greenville, Outagamie County, Wisconsin, does ordain
as follows:
SECTION 1
STATUTORY AUTHORITY:
Pursuant to Wisconsin Statutes Section 60.22
(3), and Wisconsin Statues Chapter 823, the Town Board of Supervisors of the
Town of Greenville, Outagamie County, Wisconsin, hereby defines and prohibits
public nuisances in the Town of Greenville, Outagamie County, Wisconsin, as
described herein.
SECTION 2
PURPOSE:
The purpose of this ordinance is to define
and prohibit public nuisances in the Town of Greenville, Outagamie County,
Wisconsin.
SECTION 3
PUBLIC NUISANCES PROHIBITED:
No person shall erect, contrive, cause,
continue, maintain, or permit to exist any public nuisance within the Town of
Greenville, Outagamie County, Wisconsin. The
language of Chapter 823 of the Wisconsin Statutes is hereby incorporated in this
ordinance, and made a part hereof as though set forth in full.
SECTION 4
DEFINITIONS.
a.
PUBLIC NUISANCE. A
public nuisance is an object, act, occupation, condition, or use or 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, or 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.
b.
PUBLIC NUISANCE AFFECTING HEALTH. The
following acts, omissions, places, conditions and objects are hereby
specifically declared to be public nuisances, but such enumeration shall not be
construed to exclude other health nuisances or hazards coming within the
definition of subsection "a" of this section:
1.
All decayed, harmfully adulterated or unwholesome food or drying sold or
offered for sale to the public.
2.
Carcasses of animal, fowl, or fish not intended for human consumption or
food which are not buried or otherwise disposed of in appropriate sanitary
manner within 24 hours after the death of such animal, fowl, or fish.
3.
Accumulation of decayed animal or vegetable matter, trash, rubbish,
rotting lumber, bedding, packing material, scrap metal or any material
whatsoever in which flied, mosquitoes, disease-carrying insects, rats or other
vermin may breed.
4.
Privy vaults and garbage cans which are not fly-tight.
5.
All noxious weeds and other rank growth of vegetation which are allowed
to exceed one foot.
6.
All animals running at large.
7.
All abandoned wells not securely covered or secured from public use.
8.
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 of Greenville.
9.
A rat harborage where rats or other vermin can live and breed.
10.
All stagnant water in which mosquitoes, flies or other insects can
multiply.
11.
Any noxious odor area where emissions of any noxious odors, foul odors,
offensive odors, noisome odors, nauseous odors, gases or any stench, repulsive
to the senses of ordinary persons are allowed to continue to the substantial
annoyance or substantial discomfort of persons or are allowed to cause injury to
persons or property.
12.
A well pollution area where pollution from the premises entering the
groundwater has caused a private or public drinking water well on another
property to become contaminated.
13.
A surface water pollution area where pollution from the premises entering
the surface water has caused a private or public drinking water well on another
property, or any river, stream, lake, ditch, canal or other body of water to
become contaminated.
14.
An air pollution area where emissions of smoke soot, fumes, gases, ash,
dust or other pollutants into the atmosphere repulsive to the senses of ordinary
persons are allowed to continue to the substantial annoyance or substantial
discomfort of person or are allowed to cause injury to persons or property.
15.
A human burial area where a human body or bodies are buried outside of an
established cemetery.
16.
An improper sewage area where the effluent from the sewer, septic tank,
holding tank or cesspool on the premises is in a condition and location to cause
a menace or danger to public health of person.
17.
A hazardous waste area where the discharge, storage or treatment of
hazardous, nuclear or toxic waste are allowed to accumulate to the substantial
annoyance or substantial discomfort of persons or are allowed to cause injury to
persons or property.
18.
A noxious material discharge area where the discharge, disposal, storage
or treatment of noxious, filthy, decaying or nausea materials repulsive to the
senses of ordinary person are allowed to continue to the substantial annoyance
or substantial discomfort of persons or are allowed to cause injury to persons
or property.
c.
PUBLIC NUISANCES AFFECTING PEACE AND SAFETY.
The following acts, omissions, places, conditions, and objects are hereby
declared to be public nuisances affecting peace and safety; however such
enumeration shall not be construed to exclude other nuisances affecting public
peace or safety coming within the provisions of subsection "a" of this
section:
1.
All signs and billboards, awnings and other 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.
All unauthorized signs, signals, marking 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.
3.
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.
Any such obstruction which falls within a vision clearance triangle
extending 25 feet horizontally along each street line from their intersection
and within a vertical clearance of 6 feet shall be presumed to be a violation of
this subsection.
4.
All limbs of trees which project over and less than 8 feet above the
surface of a public sidewalk, or 14 feet above the surface of the portion of the
street, highway, or alley traveled by vehicles.
5.
The use or display of fireworks except as provided by the laws of the
State of Wisconsin and ordinances of the Town.
6.
All buildings or structures so old, dilapidated or out of repair as to be
dangerous, unsafe, unsanitary or otherwise unfit for human use or occupancy.
7.
All wires over streets, alleys, highways, or public grounds which are
strung less than 15 feet above the surface thereof.
8.
All loud, discordant, and unnecessary noises or vibrations of any kinds,
which greatly annoy or disturb a neighborhood or any considerable number of
persons within the Town.
9.
The keeping or harboring of any animal of fowl which frequently or
habitually howl, yelp, bark, crow, or make other noises which greatly annoy or
disturb a neighborhood or any considerable number of persons within the Town.
10.
All obstruction of streets, alleys, highways, sidewalks or crosswalks and
all excavation in or under same, except as permitted by the ordinances of the
Town of Greenville, or which although made in accordance with such ordinances,
are kept or maintained for unreasonable or illegal length of time after the
purpose thereof has been accomplished.
11.
All open and unguarded pits, wells, excavations, or unused basements
freely accessible from any public street alley, highway, or sidewalk.
12.
All abandoned refrigerators or iceboxes from which the doors and other
coves have not been removed or which are not equipped with a device for opening
from the inside.
13.
Repeated or continuous violations of the ordinances of the Town of
Greenville or Wisconsin Statutes relating to the use or storage of flammable
liquids.
d.
PUBLIC NUISANCES – OTHER.
The following acts, omissions, places, conditions and objects are hereby
specifically declared to be public nuisances offending the comfort, health,
repose or safety of the Town of Greenville; but such enumeration shall not be
construed to exclude other public nuisances within the definition of subsection
"a" of this section:
1.
All owners of property located within a residential district of the Town
of Greenville who fail to keep their premises free of litter, debris, trash, or
rubbish shall be in violation of this subsection.
2.
All property owners within the Town of Greenville who allow their
property to accumulate trash, litter or rubbish shall be considered to be in
violation of this subsection.
3.
"Litter" as used in this ordinance includes, but is not limited
to, trash and wastepaper lying scattered about, and an untidy accumulation of
objects of any kind.
4.
"Trash" as used in this ordinance includes, but is not limited
to, some thing or object worth little or nothing, or some thing or object in a
crumbled, broken, or inoperable condition.
5.
"Rubbish" as used in this ordinance includes, but it not
limited to, waste materials and refuse of every character and kind, collected
and/or accumulated.
SECTION 3
JUNKED AND ABANDONED VEHICLES:
a.
JUNKED AUTOMOBILES, ETC. No
disassembled, inoperable, unlicensed, junked, or wrecked motor vehicles, truck
bodies, tractors, trailers, or appliances shall be stored or allowed to remain
in the open upon public or private property, within the Town for a period
exceeding five (5) days if upon public property, or for a period exceeding
thirty (30) days if upon private property.
Any business engaged in automotive sales or repair may retain such
vehicles in the open, on private property, for a period not to exceed one year,
after which such vehicles must be enclosed by a screening or live planting.
1.
The phrase "disassembled, inoperable, junked or wrecked motor
vehicles, truck bodies, tractors, trailers," as used in this section is
defined as follows: motor vehicles
or mechanical ruin as to be incapable of propulsion or being operated upon the
public streets or highways.
2.
The term "unlicensed" as referring to motor vehicles, truck
bodies, tractors, or trailers as used in this ordinance shall be defined as
follows: motor vehicles, truck bodies, tractors, or trailers which do not bear
lawful license plates.
3.
The term "motor vehicle" is defined in Wisconsin Statutes
Section 340.01(35).
4.
The term "appliance" as used in this ordinance shall be defined
as any stove, washer, or refrigerator which is no longer operable in the sense
for which it was manufactured.
b.
ABANDONED VEHICLES, ETC. No
person shall have unattended any motor vehicle, trailer, semi-trailer or mobile
home on any public street, highway, or public or private property, for such time
and under such circumstances as to cause the vehicle to reasonably appear to
have been abandoned. When any such
vehicle has been left unattended on any street or highway, or public or private
property within the Town of Greenville without the permission of the owner of
the land for a period of more than seventy-two (72) hours, the vehicle is deemed
abandoned and constitutes a public nuisance.
SECTION 5
TREES AND SHRUBS:
It shall be the policy of the Town
of Greenville to regulate and control the planting, transplanting, removal,
maintenance, and protection of public and private trees and shrubs in the Town
in order to eliminate and guard against dangerous conditions which may result in
injury to person using the streets, highways, alleys, sidewalks or property of
the Town; to promote the beauty and general welfare of the Town; to protect
trees and shrubs located in the public areas of the Town from undesirable and
unsafe planting, removal, treatment and maintenance practices; and to control
the spread of tree disease.
a.
DEFINITIONS.
1.
"Bush" or "Shrub":
a low-spreading woody plant with several permanent stems.
2.
"Tree": a woody
perennial plant with one main stem or trunk having a diameter of at least two
inches, one foot above the ground, and which is capable of attaining a height in
excess of ten (10) feet above the ground.
3.
"Public trees and shrubs":
all trees or shrubs planted, or on any park or other property owned or
controlled by the Town, or on any street, highway, alley, sidewalk within the
right-of-way, including terrace trees and shrubs, but excluding school sites.
b.
No person shall plant any bush, shrub or tree in any public easement,
street, road, alley, highway, or terrace.
c.
TRIMMING. The owner or occupant of any private property shall keep all
trees standing on such property so trimmed that no bough or branch thereof shall
hang lower than eight (8) feet above the surface of a public sidewalk, or
fourteen (14) feet above the surface of the street, highway, alley traveled by
vehicles. Shrubs shall be trimmed
so that they do not overhang any street, alley, highway, or sidewalk.
The owner or occupant of any private property shall remove or cause to be
removed any dead tree or dead or broken bough or branch on a tree standing on
such private property and overhanging any public street, road, alley, sidewalk
or highway.
d.
DAMAGE TO TREES AND SHRUBS ON PUBLIC PROPERTY.
No persons shall maliciously injure any trees growing on any public
street, road, alley, or highway or impede the free passage of water or air to
such trees. Similar provisions
apply to trees and shrubs located on public parks and other public property.
1.
No person shall remove or cause to be removed any tree or shrub from any
public property.
2.
The owner or occupant of any private abutting on any public property may
himself maintain and protect any tree standing on such public property at his or
her own risk and where no objection has been voiced by any Town Board Supervisor
or Chairperson, providing in doing so there is compliance with provisions of
this ordinance.
SECTION 6
ABATEMENT OF PUBLIC NUISANCES:
a.
INSPECTION OF PREMISES: Whenever
complaint is made to the Town Chairperson or to a Town Enforcement
Officer that a public nuisance exists within the Town of Greenville, the
enforcement officer shall promptly and forthwith inspect or cause to be
inspected, the premises complained of and shall make a written report of his
findings to the Town Chairperson. Whenever
practicable, the Town Enforcement Officer shall cause photographs to be made of
the premises and shall file the same in the office of the Town Clerk.
b.
SUMMARY ABATEMENT
1.
Notice to Owner. If
the enforcement officer determines 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 Chairperson may direct the enforcement
officer to serve a notice upon a person causing, permitting, or maintaining such
nuisance, whether an owner or occupant of the premises where such nuisance is
caused, permitted, or maintained. If
immediate personal service cannot be made, a copy of such notice shall be posted
on the premises in a location likely to attract the attention of the owner or
occupant thereof, as well as direct mail notice to the last known owner of said
property. Such notice shall direct
the person causing, permitting, or maintaining such nuisance, or the owner or
occupant to the premises to abate and
remove such nuisance within twenty-four (24) hours and shall state that unless
such nuisance is so abated, the Town may cause the same to be abated and will
charge the cost thereof to the owner, occupant, or person causing, permitting,
or maintaining the nuisance.
2.
Abatement by Town. If
the nuisance is not abated within the time provided or if the owner, occupant,
or person causing the nuisance cannot be found, the enforcement officer in the
case of health nuisances and other cases shall cause the abatement or removal of
such public nuisance.
3.
Abatement by Court Action. If
the enforcement 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, the
officer shall file a written report of his findings with the Town Chairperson
who shall cause an action to abate such nuisance to be commenced in the name of
the Town of Greenville in the Circuit Court of Outagamie County, in accordance
with the provisions of Chapter 823 of the Wisconsin Statutes.
In the alternative, the Chairperson may direct the enforcement officer to
issue one or more citations for each day of violation for a said time period,
and to report back whether compliance has occurred.
4.
Other Methods Not Excluded. Nothing
in this ordinance shall be construed as prohibiting the abatement of public
nuisances by the Town of Greenville, or its officials in accordance with the
laws of the State of Wisconsin.
SECTION 7
COSTS OF ABATEMENT:
In addition to any other penalty
imposed by this ordinance for the erection, contrivance, creation, continuance
or maintenance of a public nuisance, the cost of abatement of any public
nuisance by the Town shall be collected as a debt from the owner, occupant or
person causing, permitting, or maintaining the nuisance.
If notice to abate the nuisance has been given to the owner previously,
such cost shall be assessed against the real property where such violation
occurred as a special charge unless paid earlier.
SECTION 8
PENALTY:
a.
FIRST OFFENSE/PENALTY. Any
person who shall violate this subsection shall, upon conviction thereof, forfeit
not less than $10 and no more than $200 together with the cost of prosecution;
and in default of payment of such forfeiture and cost of prosecution, shall be
imprisoned in the County Jail until such forfeiture and costs are paid, but not
exceeding 90 days.
b.
SECOND OFFENSE/PENALTY. Any
person guilty of violating this subsection or any part of this subsection who
shall previously have been convicted of violation of the same ordinance or
subsection shall upon conviction thereof forfeit not less than $10 nor more than
$400 for each such offense, together with the costs of prosecution; and in
default of payment of such forfeiture and the costs
shall be imprisoned in the County Jail until said forfeiture and costs of
prosecution are paid, but not to exceed six (6) months.
c.
Each day of violation of this ordinance shall constitute a separate
offense.
d.
This ordinance may be enforced by the citation procedure as authorized by
Ordinance 25. The following bond schedule is hereby established for use of
citation pursuant to this ordinance.
Ordinance
Title
Offense
Deposits & Costs
1st
violation of the
Pub.
Nuisance Ord. 1st
-- $50
$50 plus costs
2nd
violation of the
Pub.
Nuisance Ord. 2nd
-- $75
$75 plus costs
*At
the time of this ordinance revision, court costs are $80.
SECTION 9
EFFECTIVE DATE:
This ordinance shall become effective the
day after publication as provided by law.
The foregoing ordinance was adopted at a
regular meeting of the Town Board of the Town of Greenville, on the 8th
day of December, 1997. Re-adopted
January 21st, 1998. |
