Chapter 11: Public Nuisances
11.01 PURPOSE
This chapter concerns itself with the regulation and prevention of public nuisances. Its purpose is to promote the public health~ safety and convenience and to protect the general welfare of the community including the value of property.
11.02 PUBLIC NUISANCES PROHIBITED
No person shall erect, contrive, cause, continue, maintain or permit to exist, on any lands which such person owns, occupies or controls, any public nuisance within the Town of Dunkirk.
11.03 PUBLIC NUISANCES DEFINED
A public nuisance is 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 in the use of property, including threatening to reduce the value 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.
11.04 PUBLIC NUISANCES
The following are specifically declared to be public nuisances but such enumeration shall not be construed to exclude other things, acts, occupations and so on as come within the definition set forth in 11.03 above.
(1) Burial Plots, burying grounds and cemeteries. After the effective date of this section, it shall be unlawful to establish , construct, create, or use any land in the Town of Dunkirk as a burial plot, burying ground, cemetery, or place for the storage or disposal of human remains. Existing burial plots, burying grounds, or cemeteries, which were in use prior to the effective date of this Section are not prohibited or otherwise affected by this Section.
(2) Noxious weeds. In accordance with the provisions of Wisconsin Statutes §66.96 or its successors, every person shall destroy all noxious weeds on all lands which he or she owns, occupies or controls.
(3) Rank Growth of Vegetation, untended lawns. Every person shall so manage the lands which he or she owns, occupies or controls so as to avoid rank growth of vegetation, specifically including the growth of lawns which exceed one foot in length. Lawns or other growths which, as determined by the weed commissioner, are so unsightly as to threaten the value of adjacent properties or which provide a place for mice or other vermin to live and breed, violate this subparagraph. Before any enforcement action is taken against any person deemed to be in violation of this section, such person shall be given written notice of the condition complained of and afforded not less than 10 days to correct the condition.
(4) Expanding Regulated Land Use. No land use which is limited, controlled or regulated by a conditional use permit, zoning variance or private deed restriction shall be increased, expanded or modified beyond the level or manner of use originally contemplated and described by the applicant landowner unless the landowner first obtains an amended permit or restriction explicitly permitting such expanded or modified use.(5) Putting Town Waters at Risk. The quality of the Town's surface and underground waters being of paramount importance to the public health and safety, to the preservation of property values and to the avoidance of a Town obligation under § 281.77 Wis. Stats. to provide clean water to members of the public whose private water supplies are damaged: no person shall discharge, pump or drain into or onto the underground or surface waters of the Town any waters which have been brought from outside the Town to be treated, remediated or cleaned in the Town.
11.05 ENFORCEMENT
(1) This ordinance may be enforced by the issuance of a municipal citation or by action in the Circuit Court.
(2) Enforcement of this ordinance shall not be deemed the exclusive right of the Town and any person may proceed against any other person who may be in violation hereof.
11 .06 PENALTIES
(1) The general penalties section of this code, Chapter 17, shall apply to violations of this chapter.
(2) If after conviction for one or more violations of this ordinance, the violator fails to bring the affected premises into compliance herewith, the Town Board, upon prior written notice to the person affected and hearing, may, by resolution, arrange to have the violation corrected and to have any cost incurred by the Town in so proceeding charged to the property involved and entered on the tax roll as a special assessment against the said property.
