[HISTORY: Adopted by the Bellevue Board 4-15-1998 as §§ 10.01
to 10.18 of the 1998 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Adult establishments — See Ch. 156.
Alcohol beverages — See Ch. 165.
Animals — See Ch. 171.
Building construction — See Ch. 188.
Fires and fire prevention — See Ch. 237.
Housing and residential property maintenance — See Ch. 258.
Peace and good order — See Ch. 341.
Solid waste and recycling — See Ch. 391.
Streets and sidewalks — See Ch. 404.
Trees and shrubs — See Ch. 427.
Vehicles and traffic — See Ch. 443.
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Village.
A public nuisance is a thing, act, occupation, condition or
use of property which continues for such length of time as to:
A.
Substantially
annoy, injure or endanger the comfort, health, repose or safety.
B.
In any
way render the public insecure in life or in the use of property.
C.
Greatly
offend the public morals or decency.
D.
Unlawfully
and substantially interfere with, obstruct or tend to obstruct, or
render dangerous for passage any street, alley, highway, navigable
body of water or other public way.
The following acts, omissions, places, conditions and things are specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of § 326-2:
A.
Adulterated food. All decayed, adulterated or unwholesome food or
drink sold or offered for sale to the public.
B.
Unburied carcasses. Carcasses of animals, birds or fowl not intended
for human consumption or food which are not buried or otherwise disposed
of in a sanitary manner within 24 hours after death.
C.
Breeding places for insects or vermin. Accumulations of decayed animal
or vegetable matter, trash, rubbish, rotting lumber, bedding, packing
material, scrap metal or any material in which flies, mosquitoes,
disease-carrying insects, rats or other vermin can breed.
D.
Stagnant water. All stagnant water in which mosquitoes, flies, or
other insects can multiply.
E.
Privy vaults and garbage cans. Privy vaults and garbage cans which
are not flytight.
F.
Noxious weeds. See § 66.0407, Wis. Stats.
G.
Water pollution. The pollution of any public well or cistern, stream,
lake, canal or other body of water by sewage, creamery or industrial
wastes or other substances.
H.
Noxious odors. Any use of property, substances or things within the
Village emitting or causing any foul, offensive, noisome, noxious
or disagreeable odors, gases, effluvia or stenches extremely repulsive
to the physical senses of ordinary persons which annoy, discomfort,
injure or inconvenience the health of any appreciable number of persons
within the Village.
I.
Street pollution. Any use of property which causes any noxious or
unwholesome liquid or substance to flow into or upon any street, gutter,
alley, sidewalk or public place within the Village.
J.
Air pollution. The escape of smoke, soot, cinders, noxious acids,
fumes, gases, fly ash, industrial dust or other atmospheric pollutants
within the Village or within one mile therefrom in such quantities
as to endanger the health of persons of ordinary sensibilities or
threaten or cause substantial damage to property in the Village.
K.
Loose animals. Any animal running at large in the Village.
L.
Abandoned wells. All abandoned wells not securely covered or secured
for public use.
M.
Obstruction of watercourse, etc. Any obstruction in or across any
watercourse, drainage ditch or swale.
N.
Deposit of garbage, refuse, etc. The deposit of garbage, refuse or
any offensive substance on any public or private property except as
may be permitted by ordinance.
O.
Outdoor wood-fired furnaces. No person shall install, cause to install,
use or maintain an outdoor wood-fired furnace within the Village of
Bellevue.
[Added 1-26-2005]
The following acts, omissions, places, conditions and things are specifically declared to be public nuisances offending public morals and decency, but such enumeration shall not be construed to exclude other nuisances offending public morals and decency coming within the definition of § 326-2:
A.
Disorderly houses. All disorderly houses, bawdy houses, houses of
ill fame, gambling houses and buildings or structures kept or resorted
to for the purpose of prostitution, promiscuous sexual intercourse
or gambling.
B.
Gambling devices. All gambling devices and slot machines.
C.
Unlicensed sale of liquor and beer. All places where intoxicating
liquor or fermented malt beverages are sold, possessed, stored, brewed,
bottled, manufactured or rectified without a permit or license as
provided for by the ordinances of the Village.
D.
Continuous violation of Village ordinances. Any place or premises
within the Village where Village ordinances or state laws relating
to public health, safety, peace, morals or welfare are openly, continuously,
repeatedly and intentionally violated.
E.
Illegal drinking. Any place or premises resorted to for the purpose
of drinking intoxicating liquor or fermented malt beverages in violation
of state laws.
The following acts, omissions, places, conditions and things are 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 definition of § 326-2:
A.
Dangerous signs, billboards, etc. All signs, billboards, awnings
and other similar structures over or near streets, sidewalks, public
grounds or places frequented by the public, so situated or constructed
as to endanger the public safety.
B.
Illegal buildings. All buildings erected, repaired or altered in
violation of Village ordinances relating to materials and manner of
construction of buildings and structures within the Village.
C.
Unauthorized traffic signs. All unauthorized signs, signals, markings
or devices placed or maintained upon or in view of any public highway
or railway crossing which purport to be, or may be mistaken as, official
traffic control devices, railroad signs or signals or which, because
of their color, location, brilliance or manner of operation, interfere
with the effectiveness of any such device, sign or signal.
D.
Obstruction of intersections. 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.[1]
E.
Fireworks. All use or display of fireworks except as provided by
state laws and Village ordinances.
F.
Dilapidated buildings. All buildings or structures so old, dilapidated
or out of repair as to be dangerous, unsafe, unsanitary or otherwise
unfit for human use.
G.
Low-hanging wires and cables. All wires and cables over streets,
alleys or public grounds which are strung less than 15 feet above
the surface thereof.
H.
Noisy animals or fowl. The keeping or harboring of any animal or
fowl which, by frequent or habitual howling, yelping, barking, crowing
or making of other noises, greatly annoys or disturbs a neighborhood
or any considerable number of persons within the Village.
I.
Obstructions of streets; excavations. All obstructions of streets,
alleys, sidewalks or crosswalks, and all excavations in or under the
same, except as permitted by the ordinances of the Village, but including
those which, although made in accordance with such ordinances, are
kept or maintained for an unreasonable or illegal length of time after
the purpose thereof has been accomplished or which do not conform
to the permit.
J.
Unlawful assemblies. Any unauthorized or prohibited 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.
K.
Noises or vibrations. All loud, discordant, and unnecessary noises
or vibrations of any kind.
L.
Open and unguarded pits, wells, etc. All open and unguarded pits,
wells, excavations or unused basements freely accessible from any
public street, alley or sidewalk.
M.
Abandoned refrigerators or iceboxes. All abandoned refrigerators
or iceboxes from which the doors and other covers have not been removed
or which cannot be opened by pushing from the inside by a small child.
N.
Storage of flammable liquids. Repeated or continuous violations of
the ordinances of the Village or laws of the state relating to the
storage of flammable liquids.
O.
Structure or material which constitutes a fire hazard. Any structure,
material or condition which constitutes a fire hazard or will impair
the extinguishing of any fire.
A.
Dense smoke. The emission of dense smoke from the smokestack of any
engine or from the smokestack or chimney of any building within the
Village is hereby declared to be a public nuisance and is prohibited.
B.
Stationary engine. The owner, lessee, or occupant of any building
or the fireman, engineer, or any other person having charge or control
of any furnace or stationary engine who shall cause, permit or allow
dense smoke to issue or to be emitted from the smokestack or chimney
connected with any such furnace or stationary engine within the Village
shall be guilty of creating a public nuisance and of violating the
provisions of this section.
A.
The unsheltered accumulation or storage of old, unused, stripped, junked and other automobiles not in good and safe operating condition, any other vehicles, machinery, implements, equipment, any parts thereof, and personal property of any kind which is no longer safely usable for the purposes for which it was manufactured is declared to be a nuisance and dangerous to the public health, safety and well-being. This section does not apply to junked vehicles stored in accordance with a permit issued pursuant to § 443-4 of this Code.[1]
B.
The owner, tenant, lessee and occupants of any lot upon which such
accumulation or storage is made and the owner and lessee of the items
involved in such storage, all referred to collectively as "owners,"
shall jointly and severally abate the nuisance by promptly moving
such items into completely enclosed buildings authorized to be used
for such storage purposes, if the same can be found within the Village,
or otherwise by moving the items to a location outside the Village.
C.
Whenever the owners fail to abate the nuisance, the Village shall
move such items to a location of its selection, and the expense therefor
shall be billed to the owners, jointly and severally, which bill shall
be recoverable through the tax roll. When such items have been removed
and placed in storage by the Village, they shall be sold by the Village
after the lapse of such time as is provided. If the proceeds of such
sale are insufficient to pay the costs of abatement, the owners shall
be jointly and severally liable to the Village for the balance of
the costs to be recoverable in a suit of law. If the proceeds are
in excess of costs, the balance shall be paid to the owners or deposited
with the Village for their use.
The use of sound amplifiers outside buildings within the Village
is prohibited without a permit from the Village. A sound amplifier
shall not be operated after 11:00 p.m. or before 9:00 a.m. or in the
vicinity of churches while services are being conducted or near schools
that are in session. The Village may order a reduction in the volume
of an amplifier on complaint being made by a citizen or when such
loudspeaker is a nuisance because of the volume, the method in which
it is being used, or the location in which it is being operated.
A.
This section provides for noise limitations for emitting and receiving
zones located in various zoning districts as established in the Village.
No person shall operate or cause to be operated on private or public
property any source of sound in such a manner as to create a sound
level which exceeds any of the limits set for the zone categories
in Table I.
|
Table I
| |||||
|---|---|---|---|---|---|
|
Maximum Permissible Sound Pressure
(Levels in Decibels re 0.0002 Microbar)
| |||||
|
Octave Band Center Frequency
(Hz)
|
Residential Into Residential
|
Commercial Into Commercial
|
Industrial Into Commercial
|
Industrial and Commercial Into Residential
| |
|
31.5
|
72
|
79
|
79
|
72
| |
|
63
|
71
|
78
|
78
|
71
| |
|
125
|
65
|
72
|
73
|
65
| |
|
250
|
57
|
64
|
67
|
57
| |
|
500
|
51
|
58
|
61
|
51
| |
|
1,000
|
45
|
52
|
55
|
45
| |
|
2,000
|
39
|
46
|
50
|
39
| |
|
4,000
|
34
|
41
|
46
|
34
| |
|
8,000
|
32
|
39
|
43
|
32
| |
|
A-scale levels
|
55 dB(A)
|
62 dB(A)
|
64 dB(A)
|
55 dB(A)
| |
C.
Definitions of zone categories.
(1)
(2)
Regulation will be according to the underlying zones. Conservancy
zones that are not publicly owned or public zones shall be regulated
according to the adjacent zone. If the neighboring zones are different,
they shall be extended to the center of the conservancy or public
zone for the purposes of this section.[2]
D.
Measurements.
(1)
The measurement shall be made at or beyond the property line of the
property on which such noise is generated or at or within the property
line of the property on which such noise is perceived, as appropriate.
Measurement shall be done at a minimum height of four feet above the
ground.
(2)
The measurement of sound shall be made either with a sound level
meter that meets or exceeds the ANSI requirements of the American
Standard Specification for Sound Level Meters, Type I or Type II (ANSI
§ 1.4, 1971), or with an octave band analyzer that meets
or exceeds the requirements of ANSI § 1.6, 1960, or any
subsequent nationally adopted standards superseding the above standards.
In both cases, the instruments should be maintained in calibration
and good working order.
(3)
When a sound level meter is used, it shall be set to the A-weighting
scale and in the FAST response mode. A windscreen shall be mounted
on the microphone and the noise limitations shall be the A-scale levels
set forth in Table I. An octave band analyzer may be employed when
there is a concentration of sound energy within a limited number of
bands, but its use shall not be restricted to such situations. When
an octave band analyzer is used, a standard octave band analysis shall
be conducted that spans the frequency range set forth in Table I.
E.
Exemptions. The provisions of this section shall not apply to:
(1)
Nonstationary farming equipment.
F.
Analysis. Where an octave band analysis is not done, an A-weighted
sound level measurement of the noise shall be taken. When this method
is used, the noise limitations shall be the A-scale levels included
in the table.
No person shall make or cause to be made any loud, disturbing
or unnecessary sounds or noises which may annoy or disturb a person
of ordinary sensibilities in or about any public street, alley or
park or any private residence.
No operation or use shall cause, create, or allow air contaminants
at the emission point or within the bounds at the property which exceed
federal or state air pollution regulations.
The use of any property or portion thereof which is zoned in
any Industrial District Zoning Classification causing earth shaking
vibrations such as are created by uses, including but not limited
to drop forges and hydraulic surges shall be controlled in such manner
as to prevent transmission beyond the lot line of earthshaking vibrations
perceptible without the aid of instruments.
A.
Enforcement. The Village Administrator, Fire Chief, Community Development
Director, Building Inspector, Director of Public Works and any other
Village employee or officer charged with the duty to protect public
health and safety or to maintain peace and order 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 ensure that such provisions are not violated. No
actions shall be taken under this section to abate a public nuisance
unless the officer has inspected or caused to be inspected the premises
where the nuisance is alleged to exist and has satisfied himself that
a nuisance does in fact exist. Whenever practicable, the inspecting
officer shall cause photographs to be made of the premises and shall
file the same in the office of the Village Clerk-Treasurer.[1]
B.
Summary abatement. If the inspecting officer determines that a public
nuisance exists within the Village and that there is great and immediate
danger to the public health, safety, peace, morals or decency, the
Village Administrator may direct the proper officer to cause the same
to be abated and charge the cost to the owner, occupant or person
causing, permitting or maintaining the nuisance, as the case may be.[2]
C.
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, he shall serve notice on the person causing or maintaining the nuisance to remove the same within 10 days. If such nuisance is not removed within 10 days, the proper officer shall cause the nuisance to be removed as provided in Subsection B of this section.
D.
Other methods not excluded. Nothing in this chapter shall be construed
as prohibiting the abatement of public nuisances by the Village or
its officials in accordance with the laws of the state.
E.
Court order. Except when necessary under Subsection B of this section, 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.
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 abating a public nuisance by the Village
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.
Except as otherwise provided herein, any person who shall violate any provision of this chapter, or any regulation, rule or order made hereunder, or permit or cause a public nuisance, shall be subject to a penalty as provided in § 1-4 of the Code of the Village of Bellevue.
[Added 4-8-2009]
A.
Findings. The Village Board finds that any premises that has three
or more contacts with law enforcement, Fire Marshal or other Village
code enforcement official for nuisance activities has received more
than the level of general and adequate law enforcement service and
has placed an undue and inappropriate burden on the taxpayers of the
Village. The Village Board therefore directs its officers, as provided
in this section, to charge the owners of such premises the costs associated
with abating the violations at premises at which nuisance activities
chronically occur.[1]
B.
ENFORCEMENT ACTION
NUISANCE ACTIVITY
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(a)
(b)
(c)
(18)
(19)
(20)
(21)
(22)
(23)
(24)
(25)
(26)
(27)
(28)
OFFICER
OWNER
PERSON ASSOCIATED WITH
PREMISES
Definitions. For the purposes of this section, the following terms
shall have the meanings indicated:
Arrest, the issuance of a citation, or the issuance of a
verbal or written warning.
Any of the following activities, behaviors or conduct whenever
engaged in by premises owners, operators, occupants or persons associated
with a premises:
An act of harassment as defined in § 947.013, Wis.
Stats.
Disorderly conduct as defined in § 947.01, Wis. Stats.
Battery, substantial battery or aggravated battery as defined
in § 940.19, Wis. Stats.
Lewd and lascivious behavior as defined in § 944.20,
Wis. Stats.
Indecent exposure as defined in § 944.20(1)(b), Wis.
Stats.
Keeping a place of prostitution as defined in § 944.34,
Wis. Stats.
Prostitution as defined in § 944.30, Wis. Stats.
Theft as defined in § 943.20, Wis. Stats.
Receiving stolen property as defined in § 943.34,
Wis. Stats.
Arson as defined in § 943.02, Wis. Stats.
Any violation of the Uniform Controlled Substances Act, Ch. 961, Wis. Stats., and any violation of Ch. 450, Pharmacy Examining Board (prescription drugs), Wis. Stats.
Gambling as defined in § 945.02, Wis. Stats.
Trespass to land as defined in § 943.13, Wis. Stats.,
or criminal trespass to dwelling as defined in § 943.14,
Wis. Stats.
Discharge of a firearm as defined in § 341-2 of this Code.
The production or creation of loud and unnecessary noise as
defined in § 336-10 of this chapter.
Misuse of emergency telephone numbers as defined in § 256.35,
Wis. Stats.
Any repeated violations of:[2]
The following chapters of the Wisconsin Administrative Code:
Chapter SPS 307, Explosive and Fireworks; Chapter SPS 310, Flammable,
Combustible and Hazardous Liquids; Chapter SPS 314, Fire Prevention;
Chapters SPS 320 to 325, the Uniform Dwelling Code; and Chapters SPS
361 to 366, the Commercial Building Code.
NFPA 14, Standard for the Installation of Standpipe and Hose
Systems.
The following chapters and articles of the Code of the Village of Bellevue: Chapter 156, Adult Establishments; Chapter 165, Alcohol Beverages, Article II, Possession and Consumption on Public Property; Chapter 237, Fires and Fire Prevention; Chapter 326, Nuisances; and Chapter 341, Peace and Good Order.
Resisting or obstructing an officer as defined in § 341-12 of this Code.
Any violation of abandoned, unlicensed and junked motor vehicle as defined in § 443-4 of this Code.
Any violation of disorderly conduct with a motor vehicle as defined in § 443-7 of this Code.
Any other violations pertaining to chronic nuisance property
of this chapter.
Any violation of collection of solid waste as defined in § 391-16 of this Code.
Any violations against life and bodily security as defined Ch.
940, Wis. Stats.
Any violations against public health and safety as defined Ch.
941, Wis. Stats.
Any law enforcement officer, Fire Marshal, or other code
enforcement official duly authorized and assigned to enforce the laws
of the State of Wisconsin and the ordinances of the Village of Bellevue
or his/her designee.
The owner of the premises and his or her agents.
Any person who, whenever engaged in a nuisance activity,
enters, patronizes, visits or attempts to enter, patronize or visit,
or waits to enter, patronize or visit, a premises or person present
on a premises, including any officer, director, customer, agent, employee
or independent contractor of a premises owner.
An individual dwelling unit or multifamily dwelling or an
individual business premises and associated common areas.[3]
C.
Notice. Whenever the officer determines that three or more nuisance
activities resulting in contacts with the Village have occurred at
a premises on separate days during a twelve-month period, the officer
shall notify the premises owner in writing. In reaching this determination,
the officer shall not count nuisance activities reported by the owner
of the premises when doing so to with the intent to stop the nuisance
and in doing so shows a good faith effort to work with the Village.
The notice shall contain the street address or legal description sufficient
to identify the premises, a description of the nuisance activities
that have occurred at the premises, a statement indicating that the
cost of future enforcement may be assessed as a special charge against
the premises, and a notice as to the appeal rights of the owner. This
notice shall be deemed to be properly delivered if sent either by
first-class mail to the premises owner's last known address or
if delivered in person to the premises owner. If the premises owner
cannot be located, the notice shall be deemed to be properly delivered
if a copy of it is left at the premises owner's usual place of
abode in the presence of some competent member of the family at least
14 years of age or a competent adult currently residing there and
who shall be informed of the contents of the notice.
D.
Abatement plan (only for issues that are not an immediate danger to public health/safety). Any owner receiving notice pursuant to Subsection C of this section shall meet with the officer or his/her designee within five days of receipt of such notice. The parties shall review the problems occurring at the property. Within 10 days of this meeting, the owner shall submit to the responsible Village official or his/her designee an abatement plan to end the nuisance activity in the property. The plan shall specify a name, address and telephone number of a person living within 20 miles of the property in the event of further law enforcement action or inspection.[4]
E.
Additional nuisance activity. Whenever the officer determines that additional nuisance activity has occurred at a premises for which notice has been issued pursuant to Subsection C of this section, that this nuisance activity has occurred not less than 15 days after notice has been issued, and that reasonable efforts have not been made to abate the nuisance activity, the officer may calculate the cost of law enforcement, fire or other Village response costs and enforcement costs for this and any subsequent nuisance activities and cause such charges and administrative costs to be assessed and collected as a special charge. Rates shall be determined as based in current Village ordinance (Chapter 53, Fire Department) or, for non-Fire Department rates, such prices approved by the Village of Bellevue Board of Trustees.[5]
F.
More restrictive provision shall prevail. In any conflict between
this section and any other law, statute, regulation, code or ordinance,
the more restrictive provision shall prevail.
