Town of Angelo
97-12-9-24
Whereas it is in the interest of the public that certain nuisances be defined as
public nuisances.
Whereas, this Town Board of the Town of Angelo has power under Village
Powers pursuant to Sec. 60.22(3) Wis. Stats., to enact ordinances defining and
prohibiting public nuisances,
Now therefore, the Town Board of Supervisors of the Town of Angelo, Monroe
County, Wisconsin, does hereby ordain the following:
SECTION 1. JUNKED AND ABANDONED VEHICLES AND
APPLIANCES
(A) Junked automobiles, etc. No disassembled, inoperable, unlicensed,
junked, or wrecked motor vehicles, mobile homes, campers, truck bodies,
trailers, shipping containers, storage containers, or appliances shall be stored or
allowed to remain in the open upon public property within the Town for a period
exceeding five (5) days if upon public property, or for a period exceeding thirty
(30) days if upon private property. Any established business engaged in
automotive sales or repair may retain such vehicles in the open, on private
property, for a period not to exceed one year, after which such vehicles must be
enclosed by a building, screening or live planting.
(1) The phrase “disassembled, inoperable, junked or wrecked motor
vehicles, truck bodies, tractors, trailers,” as used in this section is defined as
follows: motor vehicles or mechanical ruin as to be incapable of propulsion or
being legally operated upon the public streets or highways.
(2) The term “unlicensed” as referring to motor vehicles, truck
bodies, tractors or trailers as used in this ordinance shall be defined as follows:
motor vehicles, truck bodies, tractors, or trailers which do not bear lawful license
plates.
(3) The term “motor vehicles is defined in Section 340.01(35) of the
Wisconsin Statutes.
(4) The term “mobile home” is defined in Section 340.01(29) of the
Wisconsin Statutes.
(5) The term “shipping containers, storage containers” shall apply to
any container, storage unit, or other portable structure that can be used, or is used for the storage of personal property and which is located for such purposes
outside an enclosed building.
(6) The term “appliance” as used in this ordinance shall be defined
as any stove, washer, dryer, refrigerator, dish washer, freezer, water heater,
water pump, furnace television set, or other household appliance which is no
longer operable in the sense for which it was manufactured.
(7) The term “established business” as used in this ordinance shall
be defined as an enterprise with documentation of business activity such as
incorporation, licensing, etc.
(B) Abandoned Vehicles, etc. No person shall leave unattended any
motor vehicle, trailer, semi-trailer, camper, or mobile home on any public street,
highway, or public property, for such time and under such circumstances as to
cause the vehicle to reasonably appear to have been abandoned. When any
such vehicle has been left unattended on any street or highway or public
property within the Town of Angelo for a period of more than seventy-two (72)
hours, the vehicle is deemed abandoned and constitutes a public nuisance.
( C) Exemptions: Certain persons will be exempt from this ordinance as
it applies to motor vehicles if they meet the requirements of Sec. 175.25(4) Wis.
Stats. Moreover, any person with one (1) operational unlicensed vehicle stored
on premises shall be exempt from this ordinance as it applies to motor vehicles.
SECTION 2. ABATEMENT OF PUBLIC NUISANCES
(A) Inspection of Premises. Whenever complaint is made to the Town
Chairperson or to the Town Enforcement Committee, consisting of three
members appointed by the Town Board, that a public nuisance exists within the
Town of Angelo, the Enforcement Committee shall promptly inspect or cause to
be inspected the premises complained of and shall make a written report of its
findings to the Town Chairperson. Whenever practicable, the Town Enforcement
Committee shall cause photographs to be made of the premises and shall file the same in the office of the Town Clerk.
(B) Summary Abatement
(1) Notice To Owner. If the Enforcement Committee shall
determine that a public nuisance exists within the Town and that there is great
and immediate danger to the public health, safety, peace, morals or decency,
the Town Chairperson may serve notice upon a person causing, permitting, or
maintaining such nuisance, whether as owner or occupant of the premises
where such nuisance is caused, permitted, or the owner or occupant of the
premises to abate and remove such nuisance within 24 hours and shall state
that unless such nuisance is so abated, the Town may cause the same to be
abated and will charge the cost thereof to the owner, occupant, or person
causing, permitting or maintaining the nuisance.
(2) Abatement By Town.
(C) Abatement By Court Action. If the Enforcement Committee shall
determine that a public nuisance exists on private premises, but the nature of
such nuisance is not such as to threaten great and immediate danger to public
health, safety, peace, morals or decency, it shall file a written report of its
findings with the Town Chairperson who shall cause an action to abate such
nuisance to be commenced.
(D) Other methods not excluded. Nothing in this ordinance shall be
construed as prohibiting the abatement of public nuisances by the Town of
Angelo, or its officials in accordance with the laws of the State of Wisconsin.
SECTION 3. COSTS OF ABATEMENT
In addition to any other penalty imposed by this ordinance for the
erection, contrivance, creation, continuance or maintenance of a public
nuisance, the cost of abatement of any public nuisance by the Town shall be
collected as a debt from the owner, occupant, or person causing, permitting, or
maintaining the nuisance. If notice to abate the nuisance has been given to the
owner previously, such cost shall be assessed against the real property where
such violation occurred as a special charge unless paid earlier.
SECTION 4. ENFORCEMENT PROVISIONS
(A) First Offense/Penalty. Any person guilty of violating this
subsection shall, upon conviction thereof, forfeit not less than one dollar ($1)
and no more than two hundred dollars ($200) together with the cost of
prosecution and in default of payment of such forfeiture and cost of prosecution
shall be imprisoned in the County Jail until such forfeiture and costs are paid but
not exceeding ninety (90) days.
(B) Second Offense/Penalty. Any person guilty of violating this
subsection or any part of this subsection who shall previously have been
convicted of violation of the same ordinance or subsection shall upon conviction
thereof forfeit not less than ten dollars ($10) nor more than four hundred dollars
($400) for each such offense, together with the costs of prosecution and in
default of payment of such forfeiture and the cost shall be imprisoned in the
County Jail until said forfeiture and costs of prosecution are paid but not to
exceed six (6) months.
(C) Each day of violation of this ordinance shall constitute a
separate offense.
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Chairperson __________________________
Supervisor ___________________________
Supervisor ___________________________
Filed this date__________________________
Clerk _______________________________
