No person shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisance within the city.

(Code 2011, § 10.01)

As used in this chapter, the term "public nuisance" means 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 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.

(Code 2011, § 10.02)

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 section 10.02.

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 or 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 flytight.
6. Noxious weeds.
   1. Definitions:
      1. Destroy, has a definition as defined in Wis. Stats. § 66.0407(1)(a)
      2. Noxious weed(s), as described in (c) below and in Wis. Stats. § 66.0407(1)(b).
   2. At the direction of the City Mayor, the City Clerk shall annually, on or before May 15, publish as required by state law a notice that every person is required by law to destroy all noxious weeds on lands in the City which they own, occupy or control. A joint notice with other towns or municipalities may be utilized.
   3. Noxious weeds include any weed, grass, or similar plant growth which, if allowed to pollinate, would cause or produce hay fever in human beings or would cause a skin rash through contact with the skin. All weeds and grass shall be kept cut to a height of not'to exceed twelve (12) inches. Any weed or grass that is kept to a height that exceeds twelve (12) inches can be considered a noxious weed for purposes of this section.
   4. If the owner or occupant neglects to destroy any noxious weed as required by (b) of this section, then the Director of the Public Works, Code Enforcement Officer, or either of their assigns, shall give notice in the following manner:
      1. Providing a documented warning to the owner or occupant of property of the violation. Typically done by either having a discussion with the owner or occupant about the violation and expectation to have the noxious weed destroyed within a certain time frame or by leaving notice at a conspicuous place about the property indicating the violation and to have the noxious weed destroyed within a certain time frame.
      2. If the destruction of noxious weeds is not completed within the designated time frame under (1) of this subsection, formal notice shall be provided to the owner or occupant of a seven-day, written notice by mail to the owner or occupant of lands upon which noxious weeds are growing. If the owner or occupant neglects to destroy any noxious weeds as required by such notice, after the expiration of the seven-day period, the City's Weed Commissioner can proceed to destroy, or cause to be destroyed, all such weeds growing upon the land. The cost thereof will be assessed as a tax upon the lands upon which the weeds are located pursuant to Wis. Stats. § 66.0517. The charge for removing noxious weeds shall be $150.00 per hour, with a $150.00 minimum charge to facilitate destroying, or causing to be destroyed, noxious weeds.
   5. During the same growing season there will be no second notice to property owners to abate. If a second complaint is received and substantiated after City already destroyed Noxious Weeds during the same growing season and regarding the same parcel of land, the City may cause the destruction of Noxious Weeds at the property and bill the owner for time, machinery, and administrative costs without having to give formal notice a second time. The City Council has determined that it has zero tolerance regarding this issue - the abatement is the owner's responsibility.
   6. This section shall not apply to vacant lots located on a face block where less than 50 percent of the face block is occupied except for growth in the right-of-way, any growth obstructing any public sidewalks or streets, or any growth affecting safety across vision corners. This section shall also not apply to vacant lots in the City industrial park until such lots are occupied, except for growth in the right-of-way, any growth obstructing any public sidewalks or streets, or any growth affecting safety across vision corners.
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 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.
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 city.
10. Air pollution. The escape of smoke, soot, cinders, noxious acids, fumes, gases, fly ash, industrial dust, or other atmospheric pollutants within the city 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.
11. Outdoor heating devices.
    1. The term "outdoor heating device" means any equipment, device, or apparatus, or any part thereof, which is installed, affixed, or situated outdoors for the primary purpose of combustion of fuel to produce heat or energy used as a component of a heating system providing heat for any interior space or water source.
    2. No outdoor heating devices may be installed or constructed within the city.
    3. No existing outdoor heating device shall create an undesirable impact upon adjacent property or otherwise create a public nuisance as defined above in subsections (8) and (10) of this section.
    4. Any existing outdoor heating device may only be used between October 1 and April 30.
    5. All existing outdoor heating devices shall use as fuel only natural untreated wood or other solid fuel specifically permitted by the manufacturer. The following fuels are prohibited: processed wood products other than wood, petroleum products in any form, rubber, plastic, garbage, painted wood, or any other item not specifically allowed by the manufacturer.
    6. All existing outdoor heating devices shall be installed, operated, and maintained in strict compliance with the manufacturer's instructions and regulations and all other applicable local, state, and federal requirements.
    7. Any existing outdoor heating device which is abandoned or not used for a period of 12 consecutive months shall not be permitted to be re-established as a nonconforming use, cannot be used, and must be immediately removed by the property owner from the subject premises. If the property owner fails to remove the outdoor heating device by the end of the 12 months, the building inspector shall give written notice by certified mail, personal service, or posting to the owner of the property upon which the outdoor heating device is located. Such notice shall provide that such person shall remove the same with 15 days of the notice. Should the outdoor heating device not be removed in the time specified, the building inspector shall arrange for the removal of the outdoor heating device. The cost of the removal shall be charged to the owner of the premises. The cost, if not paid within 30 days, shall be assessed and collected in the same manner, by the same proceedings, at the same time, under the same penalties, and having the same lien upon the property so assessed as the city special charge tax on real property and as a part thereof.
    8. At such time as the useful life of a nonconforming or pre-existing outdoor heating device has elapsed or would need to be repaired to function properly, the unit cannot be replaced and must be abandoned, not used, and removed from the property.
12. Feeding of fowl. The feeding of ducks, geese, or gulls on or about any city-owned property.

(Code 2011, § 10.03; Ord. No. 1795, 11-19-2019)

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 section 10.02:

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 city.
4. Continuous violation of city ordinances. 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.
5. Illegal drinking. Any place or premises resorted to for the purpose of drinking intoxicating liquor or fermented malt beverages in violation of state laws.

(Code 2011, § 10.04)

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 section 10.02:

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 city relating to materials and manner of construction of buildings and structures within the city.
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 ten 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 state laws and city ordinances.
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 city.
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 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, 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.

(Code 2011, § 10.05)

1. Vehicle abandonment prohibited. No person shall leave unattended any motor vehicle, trailer, semitrailer, or mobile home on any public street or 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 city street or highway or on any public or private property within the city without the permission of the owner for more than 48 hours, the vehicle is deemed abandoned and constitutes a public nuisance.
2. Removal and impoundment of abandoned vehicles. Any vehicle in violation of this section shall be impounded until lawfully claimed or disposed of under subsection (3) of this section, except if the chief of police or his duly authorized representative determines that the cost of towing and storage charges for the impoundment would exceed the value of the vehicle, the vehicle may be junked by the city prior to expiration of the impoundment period upon determination by the chief of police or his duly authorized representative that the vehicle is not wanted for evidence or other reason.
3. Disposal of abandoned vehicle.
   1. If the chief of police or his duly authorized representative determines the value of the abandoned vehicle exceeds $100.00, he shall notify the owner and lienholders of record by certified mail that the vehicle has been deemed abandoned and impounded by the city and may be reclaimed within 15 days upon payment of accrued towing, storage, and notice charges and, if not so reclaimed, shall be sold.
   2. If an abandoned vehicle exceeding $100.00 in value is not reclaimed within the period and under the conditions as provided in subsection (3)(a) of this section, it may be sold at private sale.
   3. After deducting the expense of impoundment and sale, the balance of the proceeds, if any, shall be paid into the city treasury.
   4. Any abandoned vehicle which is determined by the chief of police or his duly authorized representative to have a value of less than $100.00 may be disposed of by direct sale to a licensed salvage dealer upon determination that the vehicle is not reported stolen.
4. Owner responsible for impoundment and sale costs. The owner of any abandoned vehicle, except a stolen vehicle, is responsible for the abandonment and all costs of impounding and disposing of the vehicle. Costs not recovered for the sale of the vehicle may be recovered in a civil action by the city against the owner.
5. Notice of sale or disposition. Within five days after the sale or disposal of a vehicle as provided in subsections (3)(a) and (3)(b) of this section, the chief of police or his authorized representative shall advise the state department of transportation, division of motor vehicles, of such sale or disposition on a form supplied by the division. Copies of such form shall be given to the purchaser of the vehicle and retained on file in the city.

(Code 2011, § 10.06)

1. No disassembled, inoperable, unlicensed, junked or wrecked motor vehicles shall be stored or allowed to remain in the open upon public or private property within the city for a period in excess of three consecutive days, unless it is in connection with an automotive sales or repair business enterprise located in an area zoned to allow for such business use. Any violation of this subsection is declared to be a public nuisance.
2. Whenever an officer of the police department or the building inspector or code enforcement officer shall find any such vehicles placed or stored in the open upon public property within the corporate limits of the city, he shall cause such vehicles to be removed by a junkyard or salvage yard and stored in such junkyard or salvage yard for a period of 30 days, at the end of which time such junkyard or salvage yard shall dispose of the vehicles unless previously claimed by the owner. In order to correctly claim the vehicles, the owner must pay all reasonable removal and storage costs applicable to such vehicles.
3. Storage upon private property within the city; notice.
   1. Whenever an officer of the police department or building inspector or code enforcement officer shall find any such vehicles placed or stored in the open upon private property within the corporate limits of the city, he shall notify the owner or the occupant/tenant of the premises upon which such vehicles are placed or stored or notify the owner of the vehicles of the violations of this section. If the vehicles are not removed within five days of delivery of notice, as provided in subsection (3)(b) of this section, an officer of the police department shall cause a citation to be issued to the person who had been so notified. Each such vehicle shall constitute a separate violation, and each succeeding day that such vehicle is not removed shall be considered a separate violation.
   2. Notice shall be served upon any or all of the vehicle owners, the premises owner, or the occupant/tenant of the premises upon which the vehicle is located, provided that the notice shall be deemed properly served upon such vehicle owner, premises owner or occupant/tenant of the premises either by mailing a copy to such person's last known address or by delivering a copy to such person or the registered agent of the property personally or, if not found, by leaving a copy at such premises in the presence of some competent member of the family at least 14 years of age, who shall be informed of the contents thereof. It shall be deemed sufficient notice to the vehicle owner if a copy of the notice is mailed to the last known address of the vehicle owner as identified by the record of the state department of transportation. It shall be deemed sufficient notice to the premises owner if a copy of the notice is mailed to the last known address of the premises owner as identified by the inspecting officer as the case may be. When service has been completed as prescribed in this subsection, the notice shall be effective as to anyone having an interest in the vehicle or premises, whether recorded or not, at the time the notice was issued and shall be effective against any subsequent owner of the vehicle or premises as long as such violation exists and there remains a city record of the notice in a public file maintained by the police department or the building inspector.
   3. If such vehicle is not removed within 20 days after issuance of a citation to the registered owner of the vehicle, the chief of police or building inspector or code enforcement officer shall cause the vehicle to be removed and impounded and it shall be disposed of as prescribed in section 10.06 by the chief of police or his duly authorized representative.
   4. Any costs incurred in the removal, storage, and sale of the vehicle shall be recovered from the sale proceeds or charged to the registered owner of the vehicle or the owner of the premises as follows:
      1. If the citation was issued to the registered owner of the vehicle, from the owner.
      2. If unable to identify or to locate the vehicle owner, and the citation was issued to the owner of the premises, this charge, if unpaid as of the November 1 following billing of costs incurred to the real property owner, shall be handled as a special charge on the tax roll.
4. If any removed vehicles are claimed by the owner of the vehicle, the junkyard or salvage yard shall charge a reasonable fee for removal and storage. If such vehicles are not claimed within 30 days after removal, the same shall be disposed of in a reasonable and customary manner by the junkyard or salvage yard. If the vehicle is sold, any excess sale proceeds over and above removal and storage costs shall be paid to the owner.
5. The provisions of this section shall not apply to auto salvage yards or junkyards that are authorized under this Code.

(Code 2011, § 10.07)

Public Right Of Way

1. No person shall discharge grass clippings, leaves, yard waste, or other debris or particulates, or cause grass clippings, leaves, yard waste, or other debris or particulates, to be discharged or deposited onto public streets.
   

1. Enforcement. The chief of police, the fire chief, building inspector, code enforcement officer, 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 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 cause 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 determines 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 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 determines 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, such officer shall issue an order reciting the existence of a public nuisance and requiring the owner or occupant of the premises to remove or abate the condition described in the order within ten days. The order shall be served personally, or, if not served personally shall be served by posting upon the front entrance of the premises and by publication as a Class 3 notice under Wis. Stats. § 985. If the owner or occupant so served fails or refuses to comply with the order within such ten days, the inspecting officer shall enter upon the premises and cause the nuisance to be removed or abated and the city shall recover the costs and expenses thereof from the owner, occupant, or person causing, permitting, or maintaining the nuisance, as the case may be.
4. Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the city or its officials in accordance with the laws of the state.
5. Court order. Except when necessary under subsection (2) of this section, no officer under this section 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 the abatement of the public nuisance.

(Code 2011, § 10.13; Ord. No. 1721, 11-17-2016)

In addition to any other penalty imposed by this chapter for the erection, contrivance, 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.

(Code 2011, § 10.14)

Except as otherwise provided, any person who shall violate any provision of this chapter or permit or cause a public nuisance shall be subject to a penalty as provided in section 25.04 of this Code.

(Code 2011, § 10.15)