AN ORDINANCE TO REGULATE THROWING, DEPOSITING, STORAGE OF LITTER ON
PUBLIC AND PRIVATE PROPERTY WITHIN THE CITY OF FOUNTAIN CITY, WISCONSIN
The Common Council of the City of Fountain City does hereby ordain as follows:
ORDINANCE # 22
I.
II.
III.
Repeal: All the provisions of Ordinance 22 (Entitled An Ordinance to Regulate Garbage
Dumping and Rubbish and Refuse Disposal and to Regulate Throwing or Depositing of Rubbish
and Refuse in Streets, Alleys, or Highways) of the City of Fountain City, Wisconsin, by and are
hereby fully repealed and rendered inapplicable effective Sixty (60) days after the passage and
publication of this new ordinance, and in its place the following provisions shall take effect as
aforesaid.
Definition:
1. Junk: old or scrap copper, brass, rope, rags, batteries, paper trash, rubber, refrigerators,
stoves, household appliances, salvaged building materials, salvaged machinery parts,
dismantled or wrecked automobile parts, iron and steel, abandoned manufactured homes
and dilapidated travel trailers.
2. Litter: means “Junk,” “refuse,” and “rubbish” and all other waste material which, if
thrown or deposited as herein prohibited, tends to create a danger to public health, safety,
and welfare.
3. Private Property: means all property not included in the definition of “Public Property”
including any yards, grounds, walk, driveway, fence, porch, steps, vestibule, mailbox,
and other structure appurtenant thereto.
4. Public Property: means all property owned, operated, or controlled by any
governmental agency, including but not limited to streets, sidewalks, parks, playgrounds,
parking lots, and other public lands and buildings.
5. Refuse: means all organic or inorganic materials liable to decay or decompose and that
are worthless, unwanted, rejected, abandoned, or discarded by the owners. These
materials include, but are not limited to, corrugated cardboard, paper, wood, rags, used
clothing, bedding, carpet, oil cloth and linoleum, sweepings, cuttings, cleanings from
buildings yards, lawns, or gardens, bottles, tin cans, broken crockery, glassware, old
metal, wire packing or wrapping materials, ashes, trimmings from lawns, shrubs, plants,
or trees, rope twine, jute, bagging, burlap, paint and plastic bags.
6. Rubbish: means solid wastes not liable to decay or decompose, consisting of both
combustible and noncombustible wastes, such as paper, wrappings, dirt, cigarettes,
cardboard, tin cans, yard clippings, leaves wood, glass, bedding, crockery and similar
wastes.
7. Yard or Rummage Sale: means an informal and irregularly scheduled event for the sale
of property by a private individual.
Prohibitions:
1. No person may throw or deposit any litter on any street, alley, or highway located in the
City of Fountain City.
2. No person may throw or deposit any litter on any private property located in the City of
Fountain City without the consent of the owner.
IV.
V.
VI.
3. No person or property owner may permit the storage of junk, refuse, or rubbish on private
property for a period of time greater than Forty-Eight (48) hours unless contained within
an enclosed building or a sealed container meant for the temporary storage of said
material so long as it doesn’t emit a foul and disagreeable odor detectable from any
public or other private property.
Exemptions:
1. No portion of Section (III)(3) above shall be construed to prohibit a property owner to
maintain One (1) compost pile consisting of organic material for the purpose of aerobic
decomposition. This must be located on private property so as not to permit it to emit a
foul or disagreeable odor detectable from any public or other private property.
2. No portion of Section (III) above shall be construed to prohibit a property owner or
anyone with consent of the property owner to conduct a Yard or Rummage Sale.
Penalties:
1. The penalty for a violation of section (III) above shall be Seventy-Five and No/100
($75.00) Dollars and in addition, the violator shall be held liable for the payment of
expenses incurred by the City of Fountain city, Wisconsin in removing the litter. Each
individual action of violating this ordinance shall constitute a separate violation and may
give rise to a separate forfeiture.
2. The penalty for a second and subsequent violation of section (III) above shall be OneHundred Fifty and No/100 ($150.00) Dollars and in addition, the violator shall be held
liable for the payment of expenses incurred by the City of Fountain city, Wisconsin in
removing the litter. Each individual action of violating this ordinance shall constitute a
separate violation and may give rise to a separate forfeiture.
3. Additional costs and penalties: in addition to the basic penalties listed in (V)(1) above,
the violator shall pay a penalty assessment imposed by Wis. Stats. Sec. 165.87, a jail
assessment imposed by Wis. Stats. Sec. 302.46(1), and all court costs and assessments.
4. Where penalties and costs paid: all penalties and costs imposed as a result of a violation
of any provision of this ordinance and all deposits shall be paid to the Buffalo County
Clerk of Court, Courthouse, 407 South Second Street, Alma, WI 54610.
5. Receipts for cash deposits: all persons who make cash deposits to cover payment for
penalties and costs imposed for violations of this ordinance shall be given a receipt
therefore.
Enforcement by Citation:
1. Enforcement of this ordinance can be done wither by formal arrest of the violator, or by
the issuance of municipal citation with the choice of which method to use to be left up to
the police officer. The City Council herby adopts and authorizes the use of a citation to
be issued for all violations of this ordinance.
2. Form of citation: the form of citation shall provide for the following:
i. The name and address of the alleged violator.
ii. The factual allegations describing the alleged violation.
iii. The time and place of offense.
iv. The section of the ordinance violated.
v. A designation of the offense in such manner as can be readily understood by a
person making a reasonable effort to do so.
VII.
VIII.
vi. The time at which the alleged violator may appear in court. The court of record
shall be the Buffalo County Court, Civil Branch, Courthouse, Alma, Wisconsin.
vii. A statement which in essence informs the alleged violator:
1. That the alleged violator may make a cash deposit of a specific amount
to be mailed to Buffalo County Clerk of Court, Courthouse, 407 South
Second Street, Alma, WI 54610, prior to the assigned appearance date.
2. That if the alleged violator makes such a deposit, he or she need not
appear in court unless subsequently summoned.
3. That if the alleged violator makes a cash deposit and does not appear in
court, either he or she will be deemed to have tendered a plea of no
contest and submitted to a forfeiture, and penalty assessment imposed by
Wis. Stat. Sec. 165.87 and a jail assessment imposed by Wis. Stats. Sec.
302.46(1) not to exceed the amount of the deposit or will be summoned
into court to answer the complaint if the court does not accept the pleas
of no contest.
4. That if the alleged violator does not make a cash deposit and does not
appear in court at the time specified, an action may be commenced
against the alleged violator to collect the forfeiture, the penalty
assessment imposed by Wis. Stats. Sec. 165.87 and the jail assessment
imposed by Wis. Stats. Sec. 302.46(1).
3. Who may issue citations: law enforcement officers of the City of Fountain City,
Wisconsin, are authorized to issue citations for all violations of this ordinance.
Revocation of Prior Ordinances: all ordinances or parts of ordinances in conflict with this
ordinance heretofore enacted by the Common Council of Fountain City, Wisconsin, are hereby
repealed.
Effective Date:
1. This ordinance shall take effect and be in force from and after its passage, posting and/or
public action as required by law.
Dated this 9th day of November, 2010
_____________________________________
Debbie Scholl, Mayor
_____________________________________
Janet LaDuke, Clerk-Treasurer
This ordinance was unanimously passed and adopted at a regular meeting of the Common
Council of the City of Fountain City, Wisconsin, on November 9, 2010.
Published on _______________________
AMENDMENT TO
ORDINANCE #22
AN ORDINANCE TO REGULATE THROWING, DEPOSITING, STORAGE OF LITTER ON
PUBLIC AND PRIVATE PROPERTY WITHIN THE CITY OF FOUNTAIN CITY, WISCONSIN
1. Add the following to Article III Prohibitions:
4. No property owner may permit any junk, refuse, or rubbish to fall, blow or otherwise land on
any other public property, or private property without the consent of the owner. The
originating property owner is responsible for any costs related to maintenance and clean-up
related to this subsection.
This amendment to the said Ordinance #22 shall be in force and effect upon its passage, approval, and
publication according to law.
Dated this ____ day of ____________, 2012.
Peter Schaffner, Mayor
Janet LaDuke, Clerk-Treasurer
This amendment was unanimously passed and adopted at a regular meeting of the Common Council of
the City of Fountain City, Wisconsin on _______________, 2012.
Published on _______________________.