CHAPTER 823
NUISANCES
823.01 Jurisdiction over nuisances.
823.02 Injunction against public nuisance, time extension.
823.03 Judgment.
823.04 Execution and warrant.
823.05 Warrant may be stayed.
823.06 Expense of abating, how collected.
823.065 Repeated violations of a municipal ordinance a public nuisance.
823.07 Violations of ordinances or resolutions relating to noxious business.
823.08 Actions against agricultural uses.
823.085 Actions against owners or operators of solid waste facilities.
823.09 Bawdyhouses declared nuisances.
823.10 Disorderly house, action for abatement.
823.11 Evidence; dismissal of action; costs.
823.113 Drug or criminal gang house a public nuisance.
823.114 Judgment and order of sale of property.
823.115 Sale of property and use of proceeds.
823.12 Punishment for violation of injunction.
823.13 Judgment and execution; sale of fixtures.
823.14 Application of proceeds of sale; lis pendens.
823.15 Undertaking to release building or structure.
823.16 Remedy of lessor of place of prostitution.
823.20 Gambling place a public nuisance.
823.21 Dilapidated buildings declared nuisances.
823.215 Dilapidated wharves and piers in navigable waters declared nuisances.
823.01 823.01 Jurisdiction over nuisances. Any person, county, city, village or town may maintain an action to recover damages or to abate a public nuisance from which injuries peculiar to the complainant are suffered, so far as necessary to protect the complainant's rights and to obtain an injunction to prevent the same.
823.01 History History: 1973 c. 189; Sup. Ct. Order, 67 W (2d) 585, 762 (1975); Stats. 1975 s. 823.01.
823.01 Annotation Town's recovery under nuisance statute does not require injury to town's own property. Town of East Troy v. Soo Line R. Co. 653 F (2d) 1123 (1980).
823.02 823.02 Injunction against public nuisance, time extension. An action to enjoin a public nuisance may be commenced and prosecuted in the name of the state, either by the attorney general on information obtained by the department of justice, or upon the relation of a private individual, sewerage commission created under ss. 66.20 to 66.26 or a county, having first obtained leave therefor from the court. An action to enjoin a public nuisance may be commenced and prosecuted by a city, village, town or a metropolitan sewerage district created under ss. 66.88 to 66.918 in the name of the municipality or metropolitan sewerage district, and it is not necessary to obtain leave from the court to commence or prosecute the action. The same rule as to liability for costs shall govern as in other actions brought by the state. No stay of any order or judgment enjoining or abating, in any action under this section, may be had unless the appeal is taken within 5 days after notice of entry of the judgment or order or service of the injunction. Upon appeal and stay, the return to the court of appeals or supreme court shall be made immediately.
823.02 History History: 1971 c. 276; Sup. Ct. Order, 67 W (2d) 585, 762 (1975); Stats. 1975 s. 823.02; 1977 c. 187, 379; 1981 c. 282.
823.02 Annotation The state can apply for an injunction against a retailer whose revolving charge plan is usurious, even though the statute violated does not provide for a criminal penalty. State v. J. C. Penney Co. 48 W (2d) 125, 179 NW (2d) 641.
823.02 Annotation This section was not repealed by implication by the creation of 144.30 through 144.46 which empowers the department of natural resources to investigate sources of pollution. State v. Dairyland Power Coop. 52 W (2d) 45, 187 NW (2d) 878.
823.02 Annotation A court of equity will not enjoin a crime or ordinance violation to enforce the law, but will if the violation constitutes a nuisance. Repeated violations of an ordinance constitute a public nuisance as a matter of law, and the injunction can only enjoin operations which constitute violations of the ordinance. State v. H. Samuels Co. 60 W (2d) 631, 211 NW (2d) 417.
823.02 Annotation See note to 144.26, citing State v. Deetz, 66 W (2d) 1, 224 NW (2d) 407.
823.02 Annotation Nuisance is unreasonable activity or use of property that interferes substantially with comfortable enjoyment of life, health, safety of another or others. State v. Quality Egg Farm, Inc. 104 W (2d) 506, 311 NW (2d) 650 (1981).
823.02 Annotation The social and economic roots of judge-made air pollution policy in Wisconsin. Laitos, 58 MLR 465.
823.02 Annotation Primary jurisdiction; role of courts and administrative agencies. Krings, 1972 WLR 934.
823.02 Annotation Protecting the right to farm: Statutory limits on nuisance actions against the farmer. Grossman and Fischer. 1983 WLR 95.
823.03 823.03 Judgment. In such actions, when the plaintiff prevails, the plaintiff shall, in addition to judgment for damages and costs, also have judgment that the nuisance be abated unless the court shall otherwise order.
823.03 History History: Sup. Ct. Order, 67 W (2d) 585, 762 (1975); Stats. 1975 s. 823.03; 1993 a. 486.
823.04 823.04 Execution and warrant. In case of judgment that the nuisance be abated and removed the plaintiff shall have execution in the common form for the plaintiff's damages and costs and a separate warrant to the proper officer requiring the officer to abate and remove the nuisance at the expense of the defendant.
823.04 History History: Sup. Ct. Order, 67 W (2d) 585, 762 (1975); Stats. 1975 s. 823.04; 1993 a. 486.
823.05 823.05 Warrant may be stayed. The court may, on the application of the defendant, order a stay of such warrant for such time as may be necessary, not exceeding 6 months, to give the defendant an opportunity to remove the nuisance, upon the defendant's giving satisfactory security to do so within the time specified in the order.
823.05 History History: Sup. Ct. Order, 67 W (2d) 585, 762 (1982); Stats. 1975 s. 823.05; 1993 a. 486.
823.06 823.06 Expense of abating, how collected. The expense of abating such nuisance pursuant to such warrant shall be collected by the officer in the same manner as damages and costs are collected upon execution or may be collected by finding the defendant personally liable for these expenses, as provided in s. 74.53. The officer may sell any material of any fences, buildings or other things abated or removed as a nuisance as personal property is sold upon execution and apply the proceeds to pay the expenses of such abatement, paying the residue, if any, to the defendant.
823.06 History History: Sup. Ct. Order, 67 W (2d) 585, 762 (1975); Stats. 1975 s. 823.06; 1983 a. 476; 1987 a. 378.
823.065 823.065 Repeated violations of a municipal ordinance a public nuisance. Repeated or continuous violation of a municipal ordinance relating to naphtha, benzol, gasoline, kerosene or any other inflammable liquid or combustible material is declared a public nuisance, and an action may be maintained by the municipality to abate such nuisance and enjoin such violation.
823.065 History History: Sup. Ct. Order, 67 W (2d) 585, 762 (1975); Stats. 1975 s. 823.065; 1993 a. 246.
823.07 823.07 Violations of ordinances or resolutions relating to noxious business. Repeated or continuous violations of a city, village or town resolution or ordinance enacted pursuant to s. 66.052 (1) is declared a public nuisance and an action may be maintained by any such municipality to abate or remove such nuisance and enjoin such violation.
823.07 History History: Sup. Ct. Order, 67 W (2d) 585, 762 (1975); Stats. 1975 s. 823.07.
823.08 823.08 Actions against agricultural uses.
823.08(1) (1)Legislative purpose. The legislature finds that development in rural areas and changes in agricultural technology, practices and scale of operation have increasingly tended to create conflicts between agricultural and other uses of land. The legislature believes that, to the extent possible consistent with good public policy, the law should not hamper agricultural production or the use of modern agricultural technology. The legislature therefore deems it in the best interest of the state to establish limits on the remedies available in those conflicts which reach the judicial system. The legislature further asserts its belief that local units of government, through the exercise of their zoning power, can best prevent such conflicts from arising in the future, and the legislature urges local units of government to use their zoning power accordingly.
823.08(2) (2)Definitions. In this section:
823.08(2)(a) (a) "Agricultural practice" means any activity associated with an agricultural use.
823.08(2)(b) (b) "Agricultural use" has the meaning given in s. 91.01 (1).
823.08(3) (3)Nuisance actions.
823.08(3)(a)(a) An agricultural use or an agricultural practice may not be found to be a nuisance if all of the following apply:
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This is an archival version of the Wis. Stats. database for 1995. See Are the Statutes on this Website Official?