Repeated or continuous violation of a municipal ordinance relating to naphtha, benzol, gasoline, kerosene or any other inflammable liquid or combustible material is declared a public nuisance, and an action may be maintained by the municipality to abate such nuisance and enjoin such violation.
823.065.Repeated violations of a municipal ordinance a public nuisance.
Ch. 823: Nuisances · Last amended 1993 · Last verified July 15, 2026
In one sentenceSection 823.065 declares repeated or continuous violation of a municipal ordinance about flammable liquids like naphtha, benzol, gasoline, or kerosene, or other combustible material, a public nuisance that a municipality may sue to abate and enjoin.
Full Text of Section 823.065
Plain-English Summary
Section 823.065 targets a narrow but hazardous category of violations. It declares that repeated or continuous violation of a municipal ordinance relating to naphtha, benzol, gasoline, kerosene, or any other inflammable liquid or combustible material is itself a public nuisance.
Once that violation pattern exists, the municipality whose ordinance was violated may bring an action to abate the nuisance and enjoin the violation from continuing, giving local government a direct route to court over ongoing violations of its own fire-safety-related ordinances.
Frequently Asked Questions
Does one violation of a gasoline-storage ordinance count as a public nuisance under this section?
The section speaks to repeated or continuous violation, so it targets a pattern of violations of the ordinance rather than a single isolated instance.
What kinds of substances does this section cover?
Naphtha, benzol, gasoline, kerosene, or any other inflammable liquid or combustible material regulated by a municipal ordinance.
Who can sue to stop these violations?
The municipality whose ordinance was repeatedly or continuously violated may maintain an action to abate the nuisance and enjoin the violation.
What relief can the municipality get?
Section 823.065 allows the municipality to seek to abate the nuisance and to enjoin the ongoing violation.
Does the ordinance itself have to specifically address flammable liquids?
Yes. The section applies to a municipal ordinance relating to naphtha, benzol, gasoline, kerosene, or other inflammable liquid or combustible material.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.065; 1993 a. 246.
Source & verification. Section text and official notes are
reproduced verbatim from the Wisconsin Statutes, published by the
Wisconsin Legislature (Legislative Reference Bureau). Last verified July 15, 2026.
· Official source
Also known as: flammable liquid ordinance violation nuisance wisconsingasoline storage ordinance nuisance wisconsinmunicipal fire safety ordinance nuisancerepeated ordinance violation public nuisance