[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
No person shall erect, contrive, cause, continue, maintain or
permit to exist any public nuisance within the Town of Seymour, Outagamie
County, Wisconsin.
The following acts, omissions, places, conditions and things are hereby specifically declared to be public health nuisances, but such enumeration shall not be construed to exclude other health nuisances coming within the definition of §
159-2:
A. Adulterated food. All decayed, harmfully 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 vermin, etc. Accumulations of decayed animal
or vegetable matter (other than composting sites), trash, rubbish,
rotting lumber, bedding, packing material, scrap metal, tires or any
material whatsoever in which flies, mosquitoes, disease-carrying insects,
rats or other vermin may breed.
D. Noxious odors, etc. Any use of property, substances or things within
the Town emitting or causing any foul, offensive, noisome, nauseous,
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 Town, other than odors produced through
the operation of farming practices.
E. Street pollution. Any use of property which shall cause any nauseous
or unwholesome liquid or substance to flow into or upon any street,
gutter, alley, sidewalk or public place within the Town.
F. Stray animals. All animals running stray.
G. Abandoned wells. All abandoned wells not securely covered or secured
from public use.
H. Junked vehicles. As regards outside storage, disassembled, dismantled,
partially dismantled, inoperable, junked, wrecked, or unlicensed motor
vehicles, truck bodies, tractors, trailers, boats, or campers in such
state of physical or mechanical ruin as to be incapable for six months
of propulsion or of being operated upon the public streets, highways,
or waters except as noted elsewhere in this chapter.
I. Abandoned equipment. As regards outside storage, abandoned, discarded
or unused objects or equipment such as furniture, stoves, refrigerators,
freezers, cans, containers, trash or debris.
The following acts, omissions, places, 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 definition of §
159-2:
A. Signs, billboards, etc. All signs and 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 the provisions of the ordinances of the Town relating
to materials and manner of construction of buildings and structures
within the Town.
C. Unauthorized traffic signs. All unauthorized signs, signals, markings
or devices placed or maintained upon or in view of any public highway
which purport to be or may be mistaken as an official traffic control
device or which, because of its color, location, brilliance or manner
of operation, interferes 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. Tree limbs. All limbs of trees which project over a public sidewalk
or ditch area of the right-of-way less than 10 feet above the surface
thereof and all limbs which project over a public street less than
14 feet above the surface thereof.
F. Dangerous trees. All trees which are a menace to public safety or
are the cause of substantial annoyance to the general public.
G. 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.
H. Wires over streets. All wires over streets, alleys or public grounds
which are strung less than 15 feet above the surface thereof.
I. 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, shall greatly annoy or disturb a neighborhood
or any considerable number of persons within the Town.
J. Open excavations. All open and unguarded pits, wells, excavations
or unused basements accessible from any public street, alley or sidewalk.
K. Unauthorized street use. 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.
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 Town
shall be collected as a debt from the owner, occupant or person causing,
permitting or maintaining the nuisance; such cost shall be assessed
against the real estate as a special charge.
The following word or words when used in this article shall
have the following meaning:
DISPOSAL (OF WASTE)
The discharge, deposit, injection, spilling, dumping, leaking
or placing of waste into land, air or water. Disposal of waste does
not include generation, transportation, storage, treatment or recycling
waste.
JUNK
Any old or scrap metal, metal alloy, synthetic or organic
material, or waste, or any junked, ruined, dismantled or wrecked motor
vehicle or machinery, or part thereof.
STORAGE (WASTE)
The holding of waste for a temporary period, at the end of
which period the waste is to be treated or disposed. For purposes
of this article, the temporary period shall not exceed five days.
WASTE
Any solid waste, including construction waste, demolition
waste, ash, sludge, refuse, rubbish, garbage and discarded recyclable
materials. It also includes hazardous waste and nuclear waste or any
by-product defined in § 254.31, Wis. Stats.
This article is not to be interpreted to prevent normal functions
of active farm operations so long as junk, as herein defined, is stored
more than 500 feet from any roadway within the Town of Seymour and
is out of public view.
The permit issued by the Town Board shall be signed by the Chair
and the Clerk thereof and shall specify the quantity and manner of
storing such junk. Such permit shall be revocable at any time by the
Town Board after a hearing at which it has been found that the permit
holder has failed or refused to comply with the ordinances or restrictions
providing regulations for the storage of such junked automobiles or
parts thereof. Such hearing may be held by the Town Board of the Town
of Seymour upon its own motion or upon the complaint, in writing,
duly signed and verified by a complainant. Such complaint shall state
the nature of the alleged failure to comply with such ordinance or
regulation. A copy of the complaint together with a notice of the
hearing shall be served upon the permit holder not less than 10 days
previous to the date of hearing.
Any person, firm, partnership or corporation violating any of
the provisions hereof shall, upon conviction, be fined not less than
$10 nor more than $50 for each offense and in default of payment of
said fine shall be imprisoned in the county jail for a period not
exceeding 30 days. Each day that junk, as herein defined, shall be
stored or disposed of contrary to the provisions hereof shall constitute
a separate and distinct offense.