Chapter 8.30
LITTERING
Sections:
8.30.030 Litter in public places.
8.30.040 Placement of litter in receptacles so as to prevent scattering.
8.30.050 Sweeping litter into gutters prohibited.
8.30.060 Merchant’s duty to keep sidewalks free of litter.
8.30.070 Litter thrown by persons in vehicles.
8.30.080 Truck loads causing litter.
8.30.100 Litter in public waters.
8.30.110 Dropping litter from aircraft.
8.30.120 Litter on occupied private property.
8.30.130 Owner to maintain premises free of litter.
8.30.140 Clearing of litter from open private property by Town.
8.30.010 Purpose.
The purpose of this chapter is to regulate and prohibit the throwing or depositing of litter in public places in the Town and to control the depositing of litter on private premises. (2008 code § 9.20(1))
8.30.020 Definitions.
For the purposes of this chapter the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words used in the singular number include the plural number. The word “shall” is always mandatory and not merely directory.
“Aircraft” is any contrivance now known or hereafter invented, used or designated for navigation or for flight in the air. The word “aircraft” shall include helicopters and lighter-than-air dirigibles and balloons.
“Authorized private receptacle” is a litter storage and collection receptacle so constructed so as to reasonably repel the elements.
“Garbage” is animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food.
“Litter” is, but is not limited to, garbage, refuse, rubbish, trimmings, clippings, rocks, cans, bottles, and the like and all other waste material which when thrown or deposited as herein prohibited tends to create a danger to public health and safety and welfare.
“Park” is a park, reservation, playground, beach, recreation center or any other public area in the Town, owned or used by the Town and devoted to active or passive recreation.
“Person” is any person, firm, partnership, association, corporation, company or organization of any kind.
“Private premises” is any dwelling, house, building, or other structure, designed or used either wholly or in part for private residential purposes, whether inhabited or temporarily or continuously uninhabited or vacant, and shall include any yard, grounds, walk, driveway, porch, steps, vestibule or mailbox belonging or appurtenant to such dwelling, house, building, or other structure.
“Public place” is any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds, and buildings.
“Public waters” as used herein, shall mean any lake, river, bay, stream, pond, waterway, fountain or other body of water which the public is entitled to use or have access to.
“Refuse” is all solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, abandoned automobiles, and solid market and industrial wastes.
“Rubbish” is solid wastes consisting of both combustible and noncombustible wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
“Town” is the Town of East Troy, Wisconsin.
“Vehicle” is every device in, upon, or by which any person or property is or may be transported or drawn upon a highway, including devices used exclusively upon stationary rails or tracks. (2008 code § 9.20(2))
8.30.030 Litter in public places.
No person shall throw or deposit litter in or upon any street, sidewalk or other public place within the Town except in public receptacles, in authorized private receptacles for collection, or in official Town dumps. (2008 code § 9.20(3))
8.30.040 Placement of litter in receptacles so as to prevent scattering.
Persons placing litter in public receptacles or in authorized private receptacles shall do so in such a manner as to prevent it from being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property. (2008 code § 9.20(4))
8.30.050 Sweeping litter into gutters prohibited.
No person shall sweep into or deposit in any gutter, street or other public place within the Town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter. (2008 code § 9.20(5))
8.30.060 Merchant’s duty to keep sidewalks free of litter.
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Town the accumulation of litter from any building or lot or from any public or private sidewalk or driveway. Persons owning or occupying places of business within the Town shall keep the sidewalk in front of their business premises free of litter. (2008 code § 9.20(6))
8.30.070 Litter thrown by persons in vehicles.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place within the Town, or upon private property. (2008 code § 9.20(7))
8.30.080 Truck loads causing litter.
No person shall drive or move any truck or other vehicle within the Town unless such vehicle is so constructed or loaded as to prevent any load, contents or litter from being blown or deposited upon any street, alley or other public place. Nor shall any person drive or move any vehicle or truck within the Town, the wheels or tires of which carry onto or deposit in any street, alley or other public place, mud, dirt, sticky substances, litter or foreign matter of any kind. (2008 code § 9.20(8))
8.30.090 Litter in parks.
No person shall throw or deposit litter in any park within the Town except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided herein. (2008 code § 9.20(9))
8.30.100 Litter in public waters.
No person may cast, deposit or throw or knowingly permit to be cast, thrown or deposited into any public waters within the Town of East Troy, Wisconsin, or leave upon the ice or in the water thereof, any garbage, litter, refuse, rubbish or the like not authorized or permitted to be placed in such public waters by any law of the United States, the state of Wisconsin or any municipality having jurisdiction over such public waters. (2008 code § 9.20(10))
8.30.110 Dropping litter from aircraft.
No person in an aircraft shall throw out, drop or deposit within the Town any litter, handbill or any other object. (2008 code § 9.20(11))
8.30.120 Litter on occupied private property.
No person shall throw or deposit litter on any occupied private property within the Town, whether owned by such person or not, except that the owner or person in control of private property may maintain authorized private receptacles for collection in such a manner that litter will be prevented from being carried or deposited by the elements upon any street, sidewalk or other public place or upon any private property. (2008 code § 9.20(12))
8.30.130 Owner to maintain premises free of litter.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this chapter shall not prohibit the storage of litter in authorized private receptacles for collection. (2008 code § 9.20(13))
8.30.140 Clearing of litter from open private property by Town.
1. Notice to Remove. The Health Officer or any Police Officer is hereby authorized and empowered to notify the owner of any open or vacant private property within the Town or the agent of such owner to properly dispose of litter located on such owner’s property which is dangerous to public health, safety or welfare. Such notice shall be by registered mail, addressed to said owner at his last known address.
2. Action Upon Noncompliance. Upon the failure, neglect or refusal of any owner or agent so notified to properly dispose of litter dangerous to the public health, safety or welfare within 30 days after receipt of written notice provided for in subsection (1) of this section, or within 40 days after the date of such notice in the event the same is returned to the Town Post Office Department because of its inability to make delivery thereof, provided the same was properly addressed to the last known address of such owner, or agent, the Building Inspector is hereby authorized and empowered to pay for the disposing of such litter or to order its disposal by the Town.
3. Charge Included in Tax Bill. When the Town has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof, plus accrued interest at the legal rate at the time of the removal on a per annum basis from the date of the completion of the work, if not paid by such owner prior thereto, shall be charged to the lot or parcel of land involved and shall be by the Clerk of the Town entered in the tax roll as a special tax against said lot or parcel of land and the same shall be collected in all respects like other taxes upon real estate. (2008 code § 9.20(14))