Town of Cedarburg, WI Chapter 136 Dumping

[HISTORY: Adopted by the Town Board of the Town of Cedarburg 1-2-1991 as Title 7, Ch. 15 of the 1991 Code. Amendments noted where applicable.]

GENERAL REFERENCES

Nuisances — See Ch. 223.

Pollution abatement — See Ch. 242.

Junked vehicles and appliances — See Ch. 246, Art. II.

Sewage disposal — See Ch. 267.

Solid waste — See Ch. 273.

Streets and public ways — See Ch. 279.

Abandoned vehicles — See Ch. 301.

§ 136-1 Purpose.

A. The purpose of this chapter is to prohibit dumping any material on property in the Town of Cedarburg without the owner of the land on whose property the material is to be dumped, or the person, firm or corporation intending to dump material, obtaining a permit from the Town of Cedarburg.

B. It is not the intent of this chapter to prohibit an owner from filling, leveling or moving any substance in and about the owner's premises that will improve the property and is not in violation of any other regulatory requirements.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 136-2 Definitions.

The following definitions shall be applicable in this chapter:

DUMP

To drop, spill, throw down or unload.

MATERIAL

Physical or corporeal substances of which a thing is made or composed.

§ 136-3 Permission required; owner responsible.

A. Permission required. No person shall dump any material on any property without the permission of the owner of the property upon which the material is to be dumped.

B. Owner responsible. The owner is responsible for any dumping on the owner's real property.

§ 136-4 Dumping permit required.

A. No person, firm or corporation shall dump material on any property in the Town of Cedarburg without first obtaining a permit for dumping unless the material to be dumped is strictly soil, sand or gravel. Application for said permit shall be made on a form prescribed by the Town Administrator, which shall, among other things, list the property on which said material is to be dumped; the exact location on the property where the material is to be dumped; the material to be dumped; the amount of material to be dumped; the elevation of the land before and after the dumping; the period of time over which said dumping is to take place; the individual, firm or corporation doing the dumping; and a plan to restore the property after the material has been dumped.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. The Town Board shall consider the material to be dumped; the final restoration; the impact on the environment; the appearance of the property before and after the dumping; and the effect on the surrounding properties.

C. The dumping shall not be contrary to any rules, laws or regulations of Ozaukee County, the Wisconsin Department of Natural Resources, or the Corps of Engineers, Department of Defense.

D. The permit shall be issued upon the affirmative vote of a majority of the Town Board.

§ 136-5 Violations and penalties.

A. General penalty. Except as otherwise provided, any person who shall violate any provisions of this chapter shall, upon conviction of such violation, be subject to the penalties as specified by Chapter 1, § 1-3 of this Code.

B. Continued violations. Each violation and each day a violation continues or occurs shall constitute a separate offense. Nothing in this chapter shall preclude the Town from commencing any appropriate action to prevent or remove a violation of this chapter.

C. Execution against defendant's property. Whenever any person fails to pay any forfeitures and costs of prosecution upon the order of any court for violation of any ordinance of the Town, the court may, in lieu of ordering imprisonment of the defendant, or after the defendant has been released from custody, issue an execution against the property of the defendant for such forfeitures and costs.

§ 136-6 Additional or alternative actions.

In addition to or as an alternative to the foregoing penalties, the Town may order the dumped material to be removed from the property, and if it is not so removed within 30 days from the date of the order, after notice and hearing, the Town may remove the same, with the cost thereof and any incidental damage levied as a special assessment against the property.