J. “Junkyard” means any place that is owned, maintained, operated, or used for storing, keeping, processing, buying, or selling junk. “Junkyard” includes sanitary landfills, refuse dumps, garbage dumps, automobile graveyards, scrap metal processors, auto-wrecking yards, salvage yards, auto-recycling yards, used auto parts yards, and places for temporary storage of automobile bodies or parts awaiting disposal as a normal part of a business operation when the business will continually have like materials located on the premises. “Junkyard” does not include places where litter, trash, and other debris are scattered along or upon a highway or temporary operations and outdoor storage of limited duration.
K. “Local zoning and land use regulation” means any applicable county, town, or extraterritorial zoning, subdivision, land division, platting, official map, building code, building permit, or other ordinance adopted pursuant to general police powers that is applicable in any manner to the use of land.
L. “Machinery” means a structure or assemblage of parts that transmits forces, motion, or energy from one part to another in a predetermined way by electrical, mechanical, or chemical means. “Machinery” does not include a building.
M.
“Motor vehicle dealer” has the meaning given in
s. 218.0101 (23), Wis. stats.
N.
“Motor vehicle salvage dealer” has the meaning given in
s. 218.20 (1r), Wis. stats.
O.
“Not registered,” in reference to “all-terrain vehicles” as defined in
s. 340.01 (2g), Wis. stats., “snowmobiles” as defined in
s. 340.01 (58a), Wis. stats., or “boats” as defined in
s. 29.001 (16), Wis. stats., means those that are required to, but do not have nor bear, required current and valid State of Wisconsin licenses or registrations.
P. “Public nuisance” means a thing, act, occupation, condition, or use of property that continues in the town for such time as to do any of the following:
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 attempt 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.
Q. “Recyclable material” means material that is suitable for recycling.
R. “Scrap metal processor” means a fixed location at which machinery and equipment are utilized for the processing and manufacturing of iron, steel, or nonferrous metallic scrap into prepared grades and whose principal product is scrap iron, scrap steel, or nonferrous metal scrap for sale for remelting purposes.
S.
“Solid waste” means any garbage, refuse, sludge, ash, paper, wood, metal, glass, cloth, plastic, lumber, concrete, food waste and other organics, boxes, barrels and other containers, tires and other like materials, sludge from a waste treatment plant, water supply treatment plant, or air pollution control facility, and any other discarded or salvageable materials, including solid, liquid, semisolid, or contained gaseous materials resulting from industrial, commercial, mining, agricultural, and community activities, but does not include solids or dissolved materials in domestic sewage, or solid or dissolved materials in irrigation return flows or industrial discharges that are point sources subject to permits under
chapter 283, Wis. stats., source material as defined in
s. 254.31 (1), Wis. stats., special nuclear material as defined in
s. 254.31 (11), Wis. stats., or by-product material as defined in
s. 254.31 (1), Wis. stats.
T. “Solid waste facility” means a facility for solid waste treatment, solid waste storage, or solid waste disposal, and includes commercial, industrial, municipal, state, and federal establishments or operations such as, without limitation because of enumeration, sanitary landfills, dumps, land disposal sites, incinerators, transfer stations, storage facilities, collection and transportation services, and processing, treatment, and recovery facilities. “Solid waste facility” includes the land where the facility is located. “Solid waste facility” does not include any of the following:
1. A facility for the processing of scrap iron, steel, or nonferrous metal using machinery to produce a principal product of scrap metal for sale or use for remelting purposes.
2. A facility that uses machinery to sort, grade, compact, or bale clean wastepaper, fibers, or plastics, not mixed with other solid waste, for sale or use for recycling purposes.
3. An auto junkyard or scrap metal salvage yard.
S. “Town” means the Town of ________, ________ County, Wisconsin.
T. “Town board” means the board of supervisors for the Town of ________, ________ County, Wisconsin, and includes designees of the board authorized to act for the board, specifically including the town clerk and town chair.
U. “Town chair” means the chairperson of the Town of ________, ________ County, Wisconsin.
V. “Town clerk” means the clerk of the Town of ________, ________ County, Wisconsin.
W. “Town committee” means a committee established by the town board to address and aid in regulation of those uses and activities that may cause public nuisance or public health and safety threats in the town.
X. “Unlicensed” or “unregistered” in reference to vehicles, mobile homes, or manufactured homes means those that are required to be licensed or registered for operation in the state, but do not have nor bear required current and valid State of Wisconsin licenses or registration.
Y. “Vehicle” means every device in, upon, or by which any person or property is or may be transported. “Vehicle” includes, but is not limited to, all of the following:
1.
“Aircraft” as defined in
s. 29.001 (16), Wis. stats.
2.
“All-terrain vehicles” as defined in
s. 340.01 (2g), Wis. stats.
3.
“Antique vehicles” as described in
s. 341.265, Wis. stats.
4.
“Automobiles” as defined in
s. 340.01 (4), Wis. stats.
6.
“Camping trailers” as defined in
s. 340.01 (6m), Wis. stats.
7.
“Farm equipment” as defined in
s. 100.47 (1), Wis. stats.
8.
“Farm tractors” as defined in
s. 340.01 (16), Wis. stats.
9.
“Hobbyist or homemade vehicles” as defined in
s. 341.268, Wis. stats.
10.
“Junk vehicles” as defined in
s. 340.01 (25j), Wis. stats.
11.
“Implements of husbandry” as defined in
s. 340.01 (24), Wis. stats.
12.
“Manufactured homes” as defined in
s. 101.91 (2), Wis. stats.
13.
“Mobile homes” as defined in
s. 340.01 (29), Wis. stats.
15.
“Motor bicycles” as defined in
s. 340.01 (30), Wis. stats.
16.
“Motor buses” as defined in
s. 340.01 (31), Wis. stats.
17.
“Motor homes” as defined in
s. 340.01 (33m), Wis. stats.
18.
“Motor trucks” as defined in
s. 340.01 (34), Wis. stats.
19.
“Motorcycles” as defined in
s. 340.01 (32), Wis. stats.
20.
“Railroad trains” as defined in
s. 340.01 (48), Wis. stats.
21.
“Recreational vehicles” as defined in
s. 340.01 (48r), Wis. stats.
22.
“Road machinery” as defined in
s. 340.01 (52), Wis. stats.
23.
“Road tractors” as defined in
s. 340.01 (53), Wis. stats.
24.
“Salvage vehicles” as defined in
s. 340.01 (55g), Wis. stats.
25.
“School buses” as defined in
s. 340.01 (56), Wis. stats.
26.
“Semi trailers” as defined in
s. 340.01 (57), Wis. stats.
27.
“Snowmobiles” as defined in
s. 340.01 (58), Wis. stats.
28.
“Special interest vehicles” as defined in
s. 341.266, Wis. stats.
29.
“Trailers” as defined in
s. 340.01 (71), Wis. stats.
30.
“Truck tractors” as defined in
s. 340.01 (73), Wis. stats.
31. Unlicensed demolition vehicles and unlicensed racing vehicles.
32. Golf carts, garden tractors, riding lawn mowers, and other motorized tractors, motorized carts, and motorized utility vehicles that require no registration or licensure by the State of Wisconsin.
Z. “Wild animal” means any animal of a wild nature that is normally found in the wild and that is not a farm-raised deer, a pet bird, a farm-raised game bird, or an animal that is listed as a domestic animal by rule by the State of Wisconsin, Department of Agriculture, Trade and Consumer Protection.
ZA. “Wis. stats.” means the Wisconsin Statutes, including successor provisions to cited statutes.
SECTION V - SUBDIVISION AND NUMBERING OF THIS ORDINANCE
This ordinance is divided into sections designated by uppercase Roman numerals. Sections may be divided into subsections designated by uppercase letters. Subsections may be divided into paragraphs designated by numbers. Paragraphs may be divided into subdivisions designated by lowercase letters. Subdivisions may be divided into subdivision paragraphs designated by lowercase Roman numerals. Reference to a “section,” “subsection,” “paragraph,” or “subdivision” includes all divisions of the referenced section, subsection, paragraph, or subdivision.
SECTION VI – PUBLIC HEALTH OR SAFETY
No person may create, contrive, erect, maintain, cause, continue, install, construct, or permit to exist in the town a public nuisance associated with, causing, or likely to cause danger, disturbance, or injury to the public health or safety. The following acts, uses, activities, things, occupations, places, or physical conditions, not properly and timely removed after written notice to remove from the town board to any owner or occupant of the land where the act, use, activity, thing, occupation, place, or physical condition exists, is located, or occurred, or to any person responsible for the creation, maintenance, or providing of the act, use, activity, thing, occupation, place, or physical condition, are specifically declared to be a public nuisance:
A.
Noxious weed areas. Any place in the town where noxious weeds are over one foot high, are located on private or public land, and the noxious weeds are not timely cut or removed within _____ [state time limit] after posting or publication of a notice to destroy noxious weeds under
s. 66.0407, Wis. stats., or within _____ [state time limit] after receipt of written notice to remove from the town board.
B. Unburied animal carcass areas. Any place in the town where unburied animal carcasses are located on private or public land and the animal carcasses are not timely removed or discarded, including by timely burial in a sanitary manner, within _____ [state time limit] after receipt of written notice to remove from the town board. This paragraph does not apply to any animal or pet cemetery approved in writing by the town.
C. Noxious or polluted or waste areas. Any place in the town where noxious, nauseous, unwholesome, or polluted water and waste are located on private or public land, including town roads, highways, bridges, sidewalks, alleys, or other public lands owned or controlled by the town, and those conditions are not timely removed within _____ [state time limit] after receipt of written notice from the town board.
D. Noxious emission odor areas. Any place in the town where noxious odor, stench, or gas escapes or is emitted into the open air from sources located on public or private land, and these conditions are not timely removed or discontinued within _____ [state time limit] after receipt of written notice to remove from the town board. In this subsection, “noxious odor” means an odor that is extremely repulsive to the senses of ordinary persons in the town and that seriously annoys or causes serious discomfort or serious injury to the health or causes serious inconvenience to the health or safety of a significant number of persons within the town, as determined by the town board.
E. Rat or vermin areas. Any place in the town where rats or other vermin are located or frequent on public or private land, and those conditions are not removed or destroyed within _____ [state time limit] after receipt of written notice to remove from the town board. Vermin subject to this paragraph include, but are not limited to, all of the following:
1. Rats.
2. [continue list].
F. Unauthorized human burial areas. Any place in the town where the body of a deceased person or parts of a deceased person are located and buried on private or public land in the town without written approval of the town board and are not timely removed within _____ [state time limit] after receipt of written notice to remove from the town board. This paragraph does not apply to any established cemetery or burial site grounds approved, owned, and operated in accordance with chapter 157, Wis. stats.
G. Hazardous, toxic, or solid waste facility or site areas. Any place or solid waste facility in the town where the discharge, disposal, storage, or treatment of hazardous, toxic, or solid waste occurs on private or public lands without approval and licensing or permitting of the discharge, disposal, storage, or treatment by all proper federal, state, county, and town governing authorities and full compliance with all applicable laws, rules, regulations, or ordinances of the federal, state, county, or town, and the activity or condition is not timely removed or discontinued within _____ [state time limit] after receipt of written notice to remove from the town board. To constitute a public nuisance under this paragraph, an area, facility, or site must threaten or cause serious discomfort or serious injury to the health or cause serious inconvenience to the health or safety of a significant number of persons within the town, as determined by the town board.
H. Dangerous wild animal areas. Any place in the town where live dangerous wild animals are kept, sold, or in any manner controlled or possessed on private or public land without written approval of the town board and the animals are not removed or destroyed within _____ [state time limit] after receipt of written notice to remove from the town board unless written approval of the town board is obtained within said time. To constitute a dangerous wild animal, under this paragraph, the species of animal must pose a threat to the safety of persons within the town, including a keeper of the animal, as determined by the town board. It is not necessary that the town board find that a specific animal is dangerous in order to find a nuisance under this paragraph. For purposes of this ordinance, dangerous wild animals include, but are not limited to, all of the following species of animals: [list]*.
J. Dangerous or dilapidated building areas. Any place in the town where a building or structure, the contents of a building or structure, or any associated electrical, heat, water, or sewer system located on public or private lands is so old, dilapidated, or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human habitation, and the conditions that are dangerous, unsafe, unsanitary, or otherwise render the building unfit for human habitation are not timely removed or discontinued within _____ [state time limit] of receipt of written notice to remove from the town board.
K. Dangerous tree areas. Any place in the town where any trees or tree limbs located on private or public lands constitute a dangerous or unsafe condition and these dangerous or unsafe conditions have not been timely removed within _____ [state time limit] after receipt of written notice to remove from the town board.
L. Fire hazard areas. Any place in the town where combustible materials are located and stored on private or public lands and the materials are not timely removed or safely stored within _____ [state time limit] after receipt of written notice from the town board.
M Improper encroachment or discharge areas. Any unauthorized or improper encroachments and discharges, including solid waste, trees, limbs, vehicles, structures, equipment, signs, manure, weeds, crops, and other materials on any town roadway or on other town public lands without written permission from the town board, and the improper or unauthorized encroachment or discharge is not timely removed or discontinued within _____ [state time limit] of the receipt of written notice to remove from the town board.
N.
Junked vehicle and junked part areas. Any place in the town within 500 feet of the center line of any town highway in the town, or within 750 feet of the center line of any county trunk, state trunk, or federal highway where junked vehicles or junked vehicle parts are accumulated or stored or any place in the town where junked vehicles or junked vehicle parts are accumulated or stored outside of a building for a period exceeding 72 hours if upon public property, or for a period exceeding 30 days if upon private property, without obtaining a Junked Vehicle Permit from the town in accordance with the Town Junked Vehicle Ordinance adopted under
s. 175.25, Wis. stats., and the town's village powers under
s. 60.22, Wis. stats., except when exempt under the terms of the Town Junked Vehicle Ordinance.
**
O. Junkyard and junked vehicle, appliance, and machinery areas. Any place in the town where junked or abandoned vehicles, not otherwise subject to subsections N or P, or junked or abandoned appliances, equipment, or machinery are accumulated or stored for a period exceeding 72 hours if upon public property, or for a period exceeding 30 days if upon private property, and any place otherwise within the definition of junkyard under this ordinance that is not timely removed or discontinued within _____ [state time limit] of receipt of written notice to remove from the town board, unless exempt under Section X of this ordinance.
P. Unlicensed or unregistered vehicle area. Any place in the town where for a period exceeding 30 days upon private property a not registered, unlicensed, or unregistered vehicle is parked, stored, or otherwise kept outside a building without the written permission of the town board and is not timely removed or discontinued within _____ [state time limit] of receipt of written notice to remove from the town board, unless exempt under Section X of this ordinance.
SECTION VII – PUBLIC PEACE AND ORDER
No person may create, contrive, erect, maintain, cause, continue, install, construct, or permit to exist in the town a public nuisance associated with, causing, or likely to cause potential danger, disturbance, or injury to the public peace and order. The following acts, uses, activities, things, occupations, places, or physical conditions, not properly and timely removed after written notice to remove from the town board to the owner or occupant of the land where the public nuisance occurred or is maintained in the town, or to any persons responsible for the creation, maintenance, or permitting of such nuisance in the town, are specifically declared to be a public nuisance:
A. Loud noise areas. Any place in the town where any unreasonably loud, discordant, and unnecessary sound conditions, including sounds from vehicles, equipment, machinery, guns, fireworks, or enclosed domestic or other animals, or from any human-created or -aided sounds, including alleged music, is located on private or public land without written approval of the town board and is not timely removed or discontinued within _____ [state time limit] of the written receipt of notice to remove from the town board.
B. Disorderly conduct area. Any place in the town where unpermitted, abusive, indecent, profane, or boisterous sounds, unpermitted fighting, brawling, or rioting, or other unpermitted disorderly conduct conditions, are located or occur on private or public lands and these disorderly conditions are not timely removed or discontinued within _____ [state time limit] of receipt of written notice to remove from the town board.
SECTION VIII – PUBLIC MORALS OR DECENCY
No person may create, continue, erect, maintain, cause, continue, install, construct, or permit to exist in the town a public nuisance associated with, causing, or likely to cause danger, disturbance, or injury to public morals or decency. The following acts, uses, activities, things, occupations, places, or physical conditions not properly and timely removed by the owner or occupant of the land after written notice to remove from the town board to the owner or occupant of the land where the public nuisance occurs, or to any person responsible for the creation, maintenance, or permitting of such nuisance in the town, are specifically declared to be a public nuisance as follows:
A.
Bawdyhouses. Pursuant to
s. 823.09, Wis. stats., whoever erects, establishes, continues, maintains, uses, occupies, or leases any building or part of a building, erection, or place to be used for the purpose of lewdness, assignation, or prostitution, or permits the same to be so used, in the town, is guilty of a nuisance and the building, erection, or place in or upon which such lewdness, assignation, or prostitution is conducted, permitted, carried on, continued, or exists, and the furniture, fixtures, musical instruments, and contents used therewith for the same purpose, are declared a nuisance, and shall be enjoined and abated.
B.
Illegal drug houses. Pursuant to
s. 823.113 (1), Wis. stats., any building or structure that is used to facilitate the delivery, distribution, or manufacture, as defined in
s. 961.01 (6),
(9), and
(13), Wis. stats., respectively, of a controlled substance as defined in
s. 961.01 (4), Wis. stats., or a controlled substance analog as defined in
s. 961.01 (4m), Wis. stats., and any building or structure where those acts take place, is a public nuisance and may be proceeded against under
s. 823.113, Wis. stats.
C.
Criminal gang houses. Pursuant to
s. 823.113 (1), Wis. stats., any building or structure that is used as a meeting place of a criminal gang, as defined in
s. 939.22 (9), Wis. stats., or that is used to facilitate the activities of a criminal gang, is a public nuisance and may be proceeded against under
s. 823.113, Wis. stats.
