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.
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.
P. Ice removal. All ice not removed from the public sidewalks and all
snow not removed from public sidewalks within 48 hours after it has
ceased to fall thereon.
Q. Any nuisance. Any nuisance so defined by the Wisconsin Statutes.
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.
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.
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.