Number
100308
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. COGGS, WADE AND PUENTE
Title
A substitute ordinance relating to the dumping of waste on public and private property.
Sections
61-22 cr
80-44 cr
80-90-1 am
Analysis
This ordinance defines dumping as the depositing of solid waste, as defined in s. 79-1-12, in an amount greater than the capacity of a standard 20-gallon container without the consent of the property owner, and prohibits dumping on public or private property other than a permitted facility under ss. 80-45 and 46. Violators shall be subject to a forfeiture of no less than $1,500 nor more than $5,000. Property owners shall be responsible for the removal of solid waste resulting from dumping activities.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 61-22 of the code is created to read:
61-22. Class P. Upon conviction of a Class P violation, the violator shall forfeit not less than $1,500 nor more than $5,000. Each incidence of a dumping violation shall constitute a separate offense. Upon default of payment, the violator shall be subject to imprisonment not less than 30 days nor more than 100 days.
Part 2. Section 80-44 of the code is created to read:
80-44. Dumping.
1. Definition. In this section, "dumping" means the depositing on public or private property of solid waste, as defined in s. 79-1-12, in an amount greater than the capacity of a standard 20-gallon container without the consent of the property owner.
2. Prohibited. No person may engage in dumping on public or private property other than a permitted facility under ss. 80-45 and 46.
3. RESPONSIBILITY. It shall be the responsibility of the property owner to remove solid waste resulting from dumping activities.
Part 3. Section 80-90-1 of the code is amended to read:
80-90. Penalties. 1. Any person violating any of the following provisions of the chapter listed in column A shall be liable on conviction to the penalties listed in column B and described in ch. 61:
A B
80-3 Class E
80-6 to 7 Class E
80-12 Class E
80-13 Class E
80-15 Class D
80-19 Class E
80-22 Class F
80-27 Class E
80-28 Class E
80-29 Class E
80-31 Class E
80-42 Class F
80-44 Class [[E]] >> P <<
80-45 to 80-46.5 Class E
80-48 Class E
80-49 Class K
80-60 to 80-65-3 Class E
80-65-4 Class K
80-66 to 80-68 Class E
80-69 Class C
80-70 to 80-73 Class E
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
Department of Neighborhood Services
Drafter
MET
10/25/10
LRB10306-2