Repeated or continuous violations of a city, village or town resolution or ordinance enacted pursuant to s. 66.0415 (1) is declared a public nuisance and an action may be maintained by any such municipality to abate or remove such nuisance and enjoin such violation.
823.07.Violations of ordinances or resolutions relating to noxious business.
Ch. 823: Nuisances · Last amended 1999 · Last verified July 15, 2026
In one sentenceSection 823.07 declares repeated or continuous violations of a city, village, or town ordinance or resolution adopted under s. 66.0415 (1) governing noxious business a public nuisance, letting the municipality sue to abate, remove, and enjoin the violation.
Full Text of Section 823.07
Plain-English Summary
Section 823.07 works much like s. 823.065, but for a different category of local regulation. It declares that repeated or continuous violations of a resolution or ordinance a city, village, or town has enacted under s. 66.0415 (1), the statute governing regulation of noxious business, amount to a public nuisance.
Any such municipality may then bring an action to abate or remove the nuisance and to enjoin the continuing violation, giving local government the same kind of direct enforcement tool for noxious-business ordinances that s. 823.065 gives for flammable-material ordinances.
Frequently Asked Questions
What kind of ordinance does this section deal with?
A resolution or ordinance a city, village, or town has enacted under s. 66.0415 (1), which addresses noxious business, and Section 823.07 covers repeated or continuous violations of it.
Does a single violation of a noxious-business ordinance qualify as a nuisance under this section?
The section is framed around repeated or continuous violations, so it addresses an ongoing pattern rather than one isolated instance.
What can the municipality do about these violations?
Section 823.07 lets the municipality maintain an action to abate or remove the nuisance and to enjoin the violation.
Which municipalities can bring this kind of action?
A city, village, or town that enacted the ordinance or resolution under s. 66.0415 (1) that was repeatedly or continuously violated.
How does this section relate to s. 823.065?
Both declare repeated ordinance violations to be public nuisances municipalities can sue over, but Section 823.07 covers noxious-business ordinances under s. 66.0415 (1) while s. 823.065 covers ordinances about flammable liquids and combustible material.
Amendment History
History: Sup. Ct. Order, 67 Wis. 2d 585, 762 (1975); Stats. 1975 s. 823.07; 1999 a. 150 s. 672.
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: noxious business ordinance nuisance wisconsinmunicipal ordinance violation public nuisances 66.0415 nuisance action wisconsinenjoin noxious business violation