Notice to all town residents

Citizens are reminded that signs are not allowed in the Town of Eau Galle right of way, normally 33ft from the centerline of the road. This includes real estate signs, advertisements and any other signs. All signs that are in the Town right of way will be removed by the Town and the owner of the sign will be charged for the expense involved.

-- Eau Galle Town Board

Public Nuisance Ordinance

Public Nuisance Ordinance

TOWN OF EAU GALLE
ST. CROIX COUNTY, WISCONSIN
ORDINANCE 95-01

Download: Town of Eau Galle Ordinance 95-01 Public Nuisance (PDF)

Jump to section:

  1. TITLE/PURPOSE
  2. AUTHORITY
  3. ADOPTION OF ORDINANCE
  4. GENERAL PROVISIONS
  5. CLERK TO FILE DOCUMENTS INCORPORATED BY REFERENCE
  6. PENALTY PROVISIONS
  7. ABATEMENT OF PUBLIC NUISANCES
  8. COST OF ABATEMENT
  9. GUARANTEE/WARRANTEE
  10. TITLE/EFFECTIVE DATE/CITATION

Section 1: Title/Purpose

This Ordinance is entitled the “Town of Eau Galle Public Nuisance Ordinance.” The purpose of this ordinance is to provide for public health, safety, and protection from nuisances as described below.

Section 2: Authority

The Town Board of the Town of Eau Galle has the specific statutory authority, powers and duties, pursuant to Sec. 66.052, Wis.”Stats., and Chapters 143, 144, 146 and 823, Wis. Stats., pursuant to the specific statutory sections noted in this ordinance and/or by its adoption of village powers under Sec. 60.10, Wis. Stats., to regulate, control, prevent and enforce against in the Town of Eau Galle certain uses, businesses and operations by persons
that may cause a public nuisance in the Town of Eau Galle.

Section 3: Adoption of Ordinance

The Town Board of the Town of Eau Galle has, by adoption of this ordinance, confirmed the specific statutory authority, powers and duties noted in the specific sections of this ordinance and has established by these sections and this ordinance, regulations, controls and enforcement against certain uses, activities, businesses and operations by person that may cause a public nuisance in the Town of Eau Galle.

Section 4: General Provisions

  1. No person shall cause, allow or permit any person to create any public nuisance areas on premises owned, leased or controlled by that person in the Town of Eau Galle. The following are specifically declared by the Town Board of the Town of Eau Galle to be public health nuisances. This declaration should not be construed to exclude other public nuisances affecting public health in the Town of Eau Galle.
    1. rat harborage area where rats or other vermin can live and breed
    2. a waste accumulation area where waste amounts in excess of 10 cu. yds. are allowed to accumulate without a property waste management permit issued by the Town Board of the Town of Eau Galle
    3. an unburied animal carcass area where a dead animal or dead animals are not buried or disposed of in a sanitary manner within seventy-nine (79) hours of death
    4. a noxious weed area where these noxious weeds are allowed to exceed one (1) foot
    5. a noxious odor area where emissions of any noxious odors, foul odors, offensive odors, noisome odors, nauseous odors, gases or any stench repulsive to the senses of ordinary persons are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property in the Town of Eau Galle, provided, however, that nothing in this subparagraph shall be construed to interfere with routine agricultural practices
    6. a well pollution area where pollution from the premises entering the groundwater has caused a private or public drinking water well on another property to become contaminated
    7. a surface water pollution area where pollution from the premises entering the surface water has caused a private or public drinking water well on another property or any river, stream, lake, ditch, canal or other body of water to become contaminated
    8. an air pollution area where emissions of smoke, soot, fumes, gases, ash, dust or other pollutants into the atmosphere repulsive to the senses of ordinary persons are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property in the Town of Eau Galle, provided, however, that nothing in this subparagraph shall be construed to interfere with routine agricultural practices
    9. a human burial area where a human body or bodies are buried in the Town of Eau Galle outside of an established cemetery
    10. a noxious material discharge area where the discharge, disposal, storage or treatment of noxious, filthy, decaying or nauseous materials repulsive to the senses of ordinary persons are allowed to continue to the substantial annoyance or substantial discomfort of persons or are allowed to cause injury to persons or property in the Town of Eau Galle
  2. No person shall cause, allow or permit any person to create any public nuisance areas on the premises owned, leased or controlled by that person in the Town of Eau Galle. The following are specifically declared by the Town Board of the Town of Eau Galle to be public safety nuisances. This declaration should not be construed to exclude other public nuisances affecting public safety in the Town of Eau Galle:
    1. an abandoned or wrecked motor vehicle area where motor vehicles, tractors, house trailers, railroad cars and other motorized vehicles are allowed to accumulate without a proper junkyard permit issued by the Town Board of the Town of Eau Galle
    2. a dilapidated building area where old or dilapidated buildings, structures and equipment are allowed to stand while they are dangerous, unsafe, unsanitary, unhabitable or otherwise unfit for human use and occupancy
    3. an illegal building area where buildings were constructed, repaired, expanded or altered illegally in violation of any Town of Eau Galle or County of St. Croix ordinances or state and federal laws and regulations in the Town of Eau Galle
    4. a loud noise area where loud, discordant and unnecessary sounds of motor vehicles, animals or music repulsive to the senses of ordinary people are allowed to continue to the substantial annoyance or substantial discomfort of persons or injury to person or property in the Town of Eau Galle, provided, however, that nothing in this subparagraph shall be construed to interfere with routine agricultural practices
    5. an unauthorized traffic sign area where unauthorized signs, signals, marking or other sign devices are installed or maintained near a public highway, road, street, alley or railroad crossing and which they purport to be or can be mistaken for an official sign or other traffic control device or which because of their location, color, manner of operation or structure they will interfere with any official traffic control device in the Town of Eau Galle
    6. an obstruction area where structures, hedges, trees, weeds, signs, billboards, buildings or equipment are installed or maintained near a public highway, road, street, alley or railroad crossing and due to the condition and location block a clean view of traffic that causes a menace or danger to public safety of persons in the Town of Eau Galle
  3. To prevent a public nuisance, no person in the Town of Eau Galle shall cause, allow or permit any person to keep on premises owned, leased or controlled by that person any deleterious or septic material, unless the material is kept in proper containers which will prevent access to humans, flies, insects, vermin and other animals.

subsections, sentences, clauses, phrases or portions may be declared invalid or unconstitutional.

Section 6: Clerk to File Documents Incorporated by Reference

Whenever in this ordinance code any standard, code, rule, regulation or other written or printed matter is adopted by reference, it shall be deemed incorporated in this ordinance code as if fully set forth herein and the Town Clerk of the Town of Eau Galle shall file, deposit and keep in his or her office a copy of the ordinance code, standard, rule, regulation or other written or printed matter as adopted. Materials so filed, deposited and kept shall be public records open for examination with proper care by any person during the Town Clerk’s office hours, subject to such orders or regulations which the Town Clerk

my prescribe for their preservation.

Section 7: Penalty Provisions

  1. General Penalty
    Any person who shall violate any of the provisions of this ordinance code shall, upon conviction of such violation, be subject to a penalty, which shall be as follows unless otherwise noted below:

    1. Penalty
      Any person who shall violate any provision of this ordinance code shall, upon conviction thereof, forfeit not less than Ten and No/100s ($10.00) Dollars nor more than Thirty and No/100s ($30.00) Dollars, together with the costs of prosecution and in default of payment of such forfeiture and costs of prosecution shall be imprisoned in the County of St. Croix jail until said forfeiture and costs are paid, but not exceeding six (6) months. Each day a violation exists or continues shall constitute a separate offense.
  2. Construction
    This section shall not be construed to abrogate minimum and maximum penalties prescribed by the laws of the State of Wisconsin.

Section 8: Abatement of Public Nuisances

  1. Enforcement
    The Town Chairman, Town Clerk, and Town Board 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 insure that such provisions and inspections are not violated. No action shall be taken under this section to abate a public nuisance unless the Town Board has inspected or caused to be inspected the premises where the nuisance is alleged to exist and has satisfied itself that a nuisance does in fact exist.
  2. Summary Abatement
    If the Town Board determines that a public nuisance exists within the Town of Eau Galle and that there is great and immediate danger to the public health, safety, peace, morals or decency, the Chairman 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 such nuisance does not threaten great and immediate danger to the public health, safety, peace, morals or decency, it shall serve notice on the person causing or maintaining the nuisance to remove the same within thirty (30) days. If such nuisance is not removed within thirty (30) days, the proper officer shall cause the nuisance to be removed as provided in section (b) above.
  4. Other Methods not Excluded
    Nothing in this chapter shall be construed as prohibiting the abatement of public nuisance by the Town of Eau Galle or its officials in accordance with the laws of the State.
  5. Court Order
    Except when necessary under section (b) above, an officer hereunder shall not 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.

Section 9: Cost of Abatement

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 bating a public nuisance by the Town of Eau Galle 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.

Section 10: Guarantee/Warrantee

  1. Nothing in this ordinance code shall be interpreted as guaranteeing or warranting that any method, construction, product, service, building or anything whatsoever is safe, free from defects or suited for the purpose for which it is intended.
  2. No issuance of a license or permit, approval, inspection or other action by any Town of Eau Galle officer, employee or agent shall constitute a warranty or guarantee that any method, construction, product, building, service or anything whatsoever is safe, free from defects or suited for the purpose for which it is intended.

Section 11: Title/Effective Date/Citation

These ordinance shall be known as the “Town of Eau Galle Ordinance Code” and shall take effect from and after passage and publication as provided in Sec. 66.035, Wis. Stat. All reference thereto shall be cited by section number (i.e. Section t^-P/ , Town of Eau Galle Ordinance Code) .

Adopted this 9th day of January, 1995.

TOWN OF EAU GALLE:
Donald Rodel, Town Chairman
William Peavey, Clerk

VOTED FOR: 3

VOTED AGAINST: 0

DATE PUBLISHED: 01-18-1995