Title 8 HEALTH AND SAFETY
Chapter 8.08 PUBLIC NUISANCES
8.08.020 Definitions.
A. Public Nuisance. Public nuisance means a thing, act,
occupation, condition or use of property which continues 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
render dangerous for passage any street, alley, highway, navigable body of water
or other public way or the use of public property.
B. Public Nuisances Affecting Health. The following acts,
omissions, places, conditions and things are specifically declared to be public
health nuisances, but such enumeration shall not be construed to exclude other
health nuisances coming within the definition of subsection A of this
section:
1. All decayed, harmfully adulterated or unwholesome food or
drink sold or offered for sale to the public;
2. 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 twenty-four (24) hours after death;
3. Accumulations of decayed animal or vegetable matter,
trash, rubbish, rotting lumber, bedding, packing material, scrap metal or any
material in which flies, mosquitos, disease-carrying insects, rats or other
vermin may breed;
4. All stagnant water in which mosquitoes, flies or other
insects can multiply;
5. Privy vaults and garbage cans which are not
flytight;
6. All noxious weeds and other rank growth of
vegetation;
7. All domestic animals running at large;
8. The escape of any smoke, cinders, fly-ash, soot, fumes,
dust, noxious gases, or other waste discharged from fuel burning equipment,
internal combustion engines, premises, open fires, any stack or chimney, or from
any other source which results in air pollution to a degree which causes injury,
detriment, nuisance or annoyance to any considerable number of persons, or the
public, or which endangers the comfort, repose, health or safety of any such
persons or the public, or which causes or has a natural tendency to cause injury
or damage to business or property;
9. The escape or emission of smoke into open air from any
stack or chimney, fuel burning equipment, internal combustion engine, premises,
open fire, or any other source, the shade of which is equal to or greater than
No. 2 of the Ringlemann Chart--the Ringlemann Chart, as published by the United
States Bureau of Mines, is the standard by which the shade or density of smoke
is measured for the purposes of this chapter--except as follows:
a. Smoke, the shade of density of which is equal to but not
exceeding No. 2 of the Ringlemann Chart, may be emitted from a stack or chimney
for a period not to exceed two minutes in any thirty (30) minute
period.
b. When the fire-box or furnace, of which such stack or
chimney is the outlet, is being cleaned out or a new fire is being built
therein, in which case smoke the shade or density of which is equal to but does
not exceed No. 3 of the Ringlemann Chart may be emitted for a continuous period
not to exceed five minutes in any sixty (60) minute period.
c. The exception in this section covers only smoke, and is
not meant to include cinders, fly-ash, soot, fumes, dust, noxious gases, or
other waste;
10. 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;
11. 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;
12. All abandoned wells not securely covered or secured from
public use;
13. 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;
14. The operation of a slaughterhouse or the commercial
slaughtering of animals.
C. Public Nuisances Affecting Peace and Safety. The following
acts, omissions, places, conditions and things are 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 subsection A of this section:
1. 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. All buildings erected, repaired or altered within the city
in violation of the provisions of the ordinances of the city, relating to
materials and manner of construction of buildings and structures within the
district;
3. 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. 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. All limbs of trees which project over and less than ten
feet above the surface of a public sidewalk or street or other place;
6. All use or display of fireworks except as provided by the
laws of the state of Wisconsin and ordinances of the city;
7. All buildings or structures so old, dilapidated or out of
repair as to be dangerous, unsafe, unsanitary or otherwise unfit for human
use;
8. All wires over streets, alleys or public grounds which are
strung less than eighteen (18) feet above the surface thereof;
9. All loud, discordant and unnecessary noises or vibrations
of any kind;
10. 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;
11. All open and unguarded pits, wells, excavations or unused
basements freely accessible from any public street, alley or sidewalk;
12. All abandoned refrigerators, iceboxes or other containers
which have air-tight 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;
13. 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;
14. Repeated or continuous violations of the ordinances of
the city or laws of the state of Wisconsin relating to the storage of flammable
liquids;
15. All snow and ice not removed or sprinkled with ashes,
sawdust or sand as provided in Section 12.08.090 of this code;
16. 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. (Prior code § 9-1-2)