[HISTORY: Adopted by the Town Board of the Town of Seymour 11-9-2017 as Ch. 22 of the 2017 Code. Amendments noted where applicable.]
[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.
A public nuisance is:
A. 
A thing, act, occupation, condition or use of property which shall continue for such length of time as to:
(1) 
Substantially annoy, injure or endanger the comfort, health, repose or safety of the public.
(2) 
In any way render the public insecure in life or in the use of property.
(3) 
Greatly offend the public morals or decency.
(4) 
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 or the use of public property.
B. 
Any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located.
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.[1]
[1]
Editor's Note: See also Ch. 110, Animals, Art. II, Animals Found At Large. Original § 22.3, Subsection 7, Foul odors, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. I.).
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.[2]
[2]
Editor's Note: See Art. II, Junked Automobiles and Waste Disposal.
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.
A. 
Inspection of premises. Whenever a complaint is made to a member of the Town Board that a public nuisance exists within the Town, the Town Board shall inspect or cause to be inspected the premises complained of.
B. 
Notice to owner. If the Town Board determines that a public nuisance exists within the Town, it shall provide notice to the person causing, permitting or maintaining such nuisance or the owner or occupant of the premises where such nuisance exists. The notice shall direct the person causing, permitting or maintaining the nuisance or the owner or occupant of the premises to abate or remove such nuisance within three days. The notice shall also state that unless such nuisance is so abated, the Town shall cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the nuisance, as the case may be.
C. 
Abatement by Town. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Town shall cause the abatement or removal of such public nuisance.
D. 
Abatement by court action. If the Town shall determine that a public nuisance exists on private premises but that the nature of such nuisance is not such as to threaten immediate danger to the public health, safety, or peace, the Town may cause an action to abate such nuisance to be commenced in the name of the Town in the Circuit Court of Outagamie County.
E. 
Other methods not excluded. Nothing in this chapter shall be construed as prohibiting the abatement of public nuisances by the Town or its officials in accordance with the laws of the State of Wisconsin.
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.
A. 
No person, firm or corporation which owns, controls, or occupies any real estate within the Town of Seymour shall permit more than one disassembled, inoperable, unlicensed or junked vehicle to be stored or allowed to remain open to view upon public or private property within the Town for a period of in excess of 30 days. The Town Board does have the authority to issue a permit to extend this time period if the permit is requested prior to the 30 days elapsing or if it is in connection with an automobile sales or repair business operated within a properly zoned area. Each day during which this provision of this section is violated shall constitute a separate offense. For purposes of this section, racing cars, mud runners and equipment shall be deemed unlicensed vehicles and could get an extension of the 30 days with a permit granted from the Seymour Town Board.
B. 
Any person in the Town of Seymour who shall accumulate or store junked automobiles or parts shall seek a request to obtain a junkyard permit from the Town of Seymour.
C. 
The Town Board may in its discretion appoint a person or persons to make necessary inspections as required under this section, and such person or persons shall serve as inspector until removed by Board action.
A. 
Dumping of rubbish regulated.
(1) 
Property owners not to permit dumping without permit. No person, firm or corporation owning, controlling or occupying real estate within the Town shall permit or allow the dumping of garbage, ashes, rubbish, miscellaneous wastes, manure, or other substances upon said real estate without first having been granted a permit therefor by the Town Board.
(2) 
Dumping prohibited unless authorized. No person, firm or corporation shall dump or deposit anywhere within the Town of Seymour any garbage, ashes, rubbish, miscellaneous wastes, manure or other substances except in such places as may be authorized by the Town Board by permit.
(3) 
Owner's consent required for dumping. No person shall dump or deposit any garbage, ashes, rubbish, miscellaneous wastes, manure or other substances upon private property unless the written consent of the owner or his/her authorized agent shall first be obtained and filed with the Town Board.
B. 
Littering prohibited. No person shall throw or deposit any glass, plastic or metal container, paper, refuse, waste, filth or other litter upon the streets, alleys, highways, public parks, or other public or private property within the Town other than in proper receptacles intended therefor.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
C. 
Placing trash for pickup regulated. No person, firm or corporation shall place garbage cans, garbage bags, or other trash or recycling receptacles along any street, alley, highway, or other roadway within the Town, provided that this subsection shall not apply to the placement of such receptacles within 24 hours of a regularly scheduled time for garbage removal.
D. 
Storage of junk or discarded property prohibited. No person, firm or corporation shall store junk or discarded property, including trucks, tractors, refrigerators, furnaces, washing machines, appliances, stoves, machinery or machinery parts, wood, bricks, cement blocks, other unsightly debris, or other items no longer used for their original purpose, except in an enclosure which houses such property from public view or upon permit issued by the Town Board.
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.