Number
260496
Version
ORIGINAL
Reference
Sponsor
ALD. JACKSON
Title
An ordinance relating to penalties and liability for illegal dumping.
Section
79-15 am
80-44-4 cr
80-44-5 cr
80-44-6 cr
118-15-0 am
118-15-1 am
118-15-2 rc
118-15-3 cr
118-15-4 am
118-15-5 cr
118-15-6 cr
118-15-7 cr
118-15-8 cr
118-16-3 am
118-19-2 am
236-41-6 am
236-41-6.5 cr
236-41-8 cr
Analysis
This ordinance makes various changes to increase the penalties associated with illegal dumping on public and private property and in Milwaukee waterways and Lake Michigan. The ordinance allows city departments to recover the cost of responding to, abating, and environmental monitoring of illegal dump sites from convicted violators. Finally, the ordinance explicitly recognizes the liability of corporate officers who direct or allow illegal dumping by their employees or agents.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1. Section 79-15 of the code is amended to read:
79-15. Enforcement. The >>chief of << police [[department]], [[department]] >>commissioner<< of neighborhood services, [[department]] >>commissioner<< of health and the [[department]] >>commissioner<< of public works shall enforce this subchapter.
Part 2. Section 80-44-4 to 6 of the code is created to read:
80-44. Dumping.
4. PENALTY. Any person, firm or corporation convicted of a violation under this section shall be subject to a Class N penalty under chapter 61. Such person, firm or corporation shall be deemed guilty of a separate offense for every day during which such violation shall continue.
5. COST RECOVERY. Any person, firm or corporation found to be in violation of this section shall be subject to additional special charges for costs incurred by the city for response, abatement, remediation, and soil quality testing conducted in connection with the violation.
6. RESPONSIBLE CORPORATE OFFICER LIABILITY. For the purposes of this section, the term “person” shall include any officer, director, manager, or agent of a firm or corporation who personally authorized, directed, or had actual knowledge of the conduct constituting a violation under this section and failed to take reasonable action to prevent or abate it. Such individuals shall be jointly and severally liable with the person, firm, or corporation for all forfeitures, fines, and cost recovery amounts imposed under this section.
Part 3. Section 118-15-0 to 1 of the code is amended to read:
118-15. [[No]] Dumping in Lake or Rivers.
1. [[PERMIT REQUIRED]] >>DUMPING PROHIBITED<<. It shall be unlawful for any person, firm or corporation, in person or by its agent, >>or << employe [[ or servant]], to conduct, place, cast, throw, deposit or cause to be conducted, thrown or deposited in or upon any of the waters or ice surfaces of Lake Michigan, or in any river, canal or public water within the jurisdiction of the city, any kind of earth, sand or other heavy substance or substances, filth, manure, dirt, rubbish, ashes, sewage, garbage, [[waste articles or trade wastes, or refuse or offal of any kind whether liquid or solid, or diesel oil, fuel oil, black oil, lubricating oil or gasoline; provided, that this section shall not apply to substances or articles deposited or conducted into the city sewage through lawful drains in accordance with the ordinances of the city; and provided further that nothing in this section shall prohibit the dumping of stone, brick, earth, sand, ashes, cinders or other inorganic sinkable substances within the prescribed boundaries as set forth by the federal engineers of the Chicago district, and that a permit first be obtained from the commissioner of public works]] >>or any solid or liquid waste<<.
Part 4. Section 118-15-2 of the code is repealed and recreated to read:
2. MINOR VIOLATIONS.
a. It shall be a minor violation under this section to dump any single item or substance falling into the following categories:
a-1. Litter, as defined in s. 79-1-7.
a-2. Standard recyclable materials, as defined in s. 79-23-28.
b. Any person, firm or corporation who shall violate this subchapter shall, upon conviction, be fined not less than $250 nor more than $2,000 for each offense, together with the costs of the action, and if in default of payment shall be imprisoned in the house of correction of Milwaukee county for not less than 10 days nor more than 90 days. Such person, firm or corporation shall be deemed guilty of a separate and distinct offense for each item or substance illegally discarded under this section and for every day during which such violation shall continue.
Part 5. Section 118-15-3 of the code is created to read:
3. MAJOR VIOLATIONS.
a. It shall be a major violation under this section to dump any single item or substance falling into the following categories:
a-1. Hazardous substance, as defined in s. 79-1-5.
a-2. Liquid waste, as defined in s. 79-1-6.
a-3. Nauseous or offensive materials, as defined in s. 79-1-8.
a-4. Oil absorbent materials, as defined in s. 79-1-8.5.
a-5. Solid waste, as defined in s. 79-1-12.
a-6. Special recyclable materials, as defined in 79-25-1.
b. It shall be a major violation under this section to dump three or more items or substances listed under section 118-15-2.
c. Any person, firm or corporation who shall violate this subchapter shall, upon conviction, be fined not less than $2,000 nor more than $10,000 for each offense, together with the costs of the action, and if in default of payment shall be imprisoned in the house of correction of Milwaukee county for not less than 10 days nor more than 90 days. Such person, firm or corporation shall be deemed guilty of a separate and distinct offense for each item or substance illegally discarded under this section and for every day during which such violation shall continue.
Part 6. Section 118-15-4 of the code is created to read:
4. EXCEPTION FOR FEDERALLY PRESCRIBED WORK. This section shall not apply to the dumping of stone, brick, earth, sand, ashes, cinders or inorganic sinkable substances within the prescribed boundaries as set forth by the federal engineers of the Chicago district. Any such work performed at the direction of federal engineers of the Chicago district shall require a permit from the commissioner of public works.
Part 7. Section 118-15-5 to 8 of the code is created to read:
5. COST RECOVERY. Any person, firm or corporation found to be in violation of this section shall be subject to additional special charges for costs incurred by the city for response, abatement, remediation, and ongoing water quality monitoring and testing conducted in connection with the violation.
6. RESPONSIBLE CORPORATE OFFICER LIABILITY. For the purposes of this section, the term “person” shall include any officer, director, manager, or agent of a firm or corporation who personally authorized, directed, or had actual knowledge of the conduct constituting a violation under this section and failed to take reasonable action to prevent or abate it. Such individuals shall be jointly and severally liable with the person, firm, or corporation for all forfeitures, fines, and cost recovery amounts imposed under this section.
7. ENFORCEMENT. The chief of police, commissioner of neighborhood services, commissioner of health, commissioner of public works, and the harbor master, or their agents or designees, shall enforce this subchapter.
8. CITATION. In addition to other applicable enforcement procedures and pursuant to the authority of s. 66.0113 Wis. Stats., city officers listed in s. 118-15-7 may issue citations under the citation procedure as set forth in s. 50-25 to any person violating any provision of this section.
Part 8. Section 118-16-3 of the code is amended to read:
118-16. Restriction Along Water’s Edge.
3. PENALTY. Any person or persons or any corporation, agent, servant or employe of any person or corporation who shall violate any of the provisions of this section shall upon conviction thereof be fined by a fine of not less than [[$10]]>>$1,000<< nor more than [[$50]]>>$5,000<< for each offense, together with the costs of the action, and on failure to pay such fine shall be imprisoned in the house of correction of Milwaukee county for not less than 10 nor more than 30 days.
Part 9. Section 118-19-2 of the code is amended to read:
118-19. No Building to Encroach.
2. PENALTY. Any person, firm>>,<< or corporation who violates this section shall>>,<< [[on]] >>upon<< conviction [[of such violation be fined]] >>, be subject to a forfeiture of<< not less than [[$5]]>>$250<< nor more than [[$50]]>>$2,000 for each offense, together<< with costs of prosecution, or shall be imprisoned in the house of correction of Milwaukee county for not less than 15 nor more than 90 days for each and every offense. >>Each day a violation continues shall constitute a separate offense.<<
Part 10. Section 236-41-6 of the code is amended to read:
236-41. Hazardous Substance Spills.
6. PENALTY. Any person who violates this section shall be subject to a forfeiture of not >>less than $500 nor<< more than [[$2,000]]>>$10,000 per day of violation, together with the costs of prosecution, and if in default of payment thereof shall be imprisoned in the house of correction of Milwaukee county for not less than 10 days nor more than 90 days<<.
Part 11. Section 236-41-6.5 of the code is created to read:
6.5. COST RECOVERY. Any person, firm or corporation found to be in violation of this section shall be subject to additional special charges for costs incurred by the city for response, abatement, remediation, and ongoing water quality monitoring and testing conducted in connection with the violation.
Part 12. Section 236-41-8 of the code is created to read:
8. RESPONSIBLE CORPORATE OFFICER LIABILITY. For the purposes of subs. 6 and 6.5, the term “person” shall include any officer, director, manager, or agent of a firm or corporation who personally authorized, directed, or had actual knowledge of the conduct constituting a violation under this section and failed to take reasonable action to prevent or abate it. Such individuals shall be jointly and severally liable with the person, firm, or corporation for all forfeitures, fines, and cost recovery amounts imposed under this section.
LRB
APPROVED AS TO FORM
K. Broadnax
____________________________
Legislative Reference Bureau
Date: July 21, 2026
______________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
____________________________
Office of the City Attorney
Date: ______________________
Requestor
Department Name
Drafter
LRB181678
Max Drickey
7/15/2026