The following acts, omissions, places and conditions and things are hereby declared to be public nuisances affecting peace and safety but such enumeration shall not be construed to exclude other nuisances affecting public peace or safety coming within the provisions of section 8-3 of this chapter:
A. Dumping or storage of rubbish or abandoned, junked, discarded, dismantled or unregistered motor vehicles.
1. Definitions. The following words, terms and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning.
“Rubbish” includes waste, refuse, such as cans, used lumber, tree stumps and branches, lawn rakings, glass, metals, garbage, ashes, junk, crockery, and part or parts of any automobile or motor vehicle, and similar waste products and debris.
"Abandoned, junked, discarded, dismantled and/or unregistered motor vehicle" includes any vehicle or portion of a vehicle that is incapable of being self-propelled upon the public streets, any vehicle whose owner cannot be identified, and/or any vehicle without current license plates.
2. Storage declared a nuisance. It is declared and found that rubbish, abandoned, junked, discarded, dismantled and/or unregistered motor vehicles upon private property within the Village are detrimental to the public health, welfare and safety. Such rubbish and/or vehicles constitute an attractive nuisance to children, are a peril to their safety, depreciate the value of neighboring properties and constitute a fire hazard. This section has for its purpose the effective termination of such practices.
3. Prohibited acts. No person, either as owner, lessee, occupant or otherwise, shall store or deposit, or cause to permit to be stored or deposited rubbish and/or an abandoned, junked, discarded, dismantled or unregistered motor vehicle in and upon any private property, street, public property, or government property within the village.
4. Exemptions. The following are exempted from the above prohibitions:
a. Storage in receptacles incidental to the normal use of the property.
b. Storage of dismantled, inoperable, junked or wrecked vehicles within a structure of a permanent or temporary nature which totally encloses the vehicle(s) from view from all sides and above. A fence is not a structure under this section.
c. Temporary storage not to exceed 60 days of dismantled, inoperable, junked or wrecked motor vehicles by a sales or repair business located in a properly zoned area.
d. Facilities for which a conditional use permit has been issued pursuant to Chapter 35.
5. Special abatement procedure.
a. If an abandoned, junked, discarded, dismantled or unregistered motor vehicle is located upon a public or private property in the Village of Rochester without the property owner’s consent, the Village will proceed according to the procedures set forth in s. 5-12 of this Municipal Code, ss. 8-7 and 8-8, and/or Wis. Stat. s. 342.40, as appropriate.
b. If an abandoned, junked, discarded, dismantled or unregistered motor vehicle is located upon a public or private property in the Village of Rochester with the property owners consent, and remains so for a period of 30 days, notice will be sent by certified mail ordering the removal of the nuisance, and indicating that if the vehicle is not removed or the property brought into compliance within ten days, the Village will proceed as specified in ss. 8-7 and 8-8, and citations will be issued pursuant to Wis. Stat. s. 175.25 and Chapter 50 of this Municipal Code.
B. All unauthorized signs, signals, markings or devices which purport to be or may be mistaken as official traffic control devices placed or maintained upon or in view of any public highway or railway crossing.
C. All trees, hedges, billboards, or other obstructions which prevent persons driving vehicles on public streets, alleys or highways from obtaining a clear view of traffic when approaching an intersection or pedestrian crosswalk.
D. All limbs and branches of trees in violation of s. 13-04 of this Municipal Code.
E. All use or display of fireworks except as provided by the laws of the State of Wisconsin and this Municipal Code.
F. All buildings or structures so old, dilapidated or out of repair as to be dangerous, unsafe, unsanitary, or otherwise unfit for human use. (See also Chapter 11 of this Municipal Code.)
G. All wires over streets, alleys or public grounds which are strung less than 15 feet above the surface of the street or ground.
H. All loud, discordant and unnecessary noises or vibrations of any kind.
I. The keeping or harboring of any animal or fowl which by frequent or habitual howling, yelping, barking, crowing or making of other noises shall greatly annoy or disturb a neighborhood or any considerable number of persons within the Village.
J. All obstructions of streets, alleys, sidewalks, or crosswalks and all excavations in or under same, except as permitted by this Municipal Code, of which, although made in accordance with the Code, are kept or maintained for an unreasonable length of time after the purpose thereof has been accomplished.
K. All open and unguarded pits, wells, excavations or unused basements freely accessible from any public street, alley or sidewalk.
L. All abandoned refrigerators or iceboxes from which the doors and other covers have not been removed or such portion of the latch mechanism has not been removed to prevent latching or locking of the door.
M. Any unauthorized or unlawful use of property abutting on a public street, alley or sidewalk or of a public street, alley or sidewalk which causes large crowds of people to gather, obstructing traffic and free use of the streets or sidewalks.
N. Repeated or continuous violations of the Ordinances of the Village of Rochester or laws of the State of Wisconsin relating to the storage of flammable liquids.
(Ord. 2021-2, passed 7-13-2021)