Village of Shorewood, WI
Milwaukee County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Shorewood as Ch. 13, Art. 7 and § 13-1703 of the 1986 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Health and sanitation — See Ch. 319.
Nuisances — See Ch. 389.
Solid waste — See Ch. 455.
Streets, sidewalks and public areas — See Ch. 466.
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 plural number include the singular number, and words used in the singular number include the plural number. The word "shall" is always mandatory and not merely directory.
AIRCRAFT
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
A litter storage and collection receptacle as required and authorized in Chapter 455, Solid Waste, of the Village Code.
COMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, paper, booklet or any other printed or otherwise reproduced original or copies of any matter of literature which:
A. 
Advertises for sale any merchandise, product, commodity or thing;
B. 
Directs attention to any business or mercantile or commercial establishment, or other activity, for the purpose of either directly or indirectly promoting the interest thereof by sales;
C. 
Directs attention to or advertises any meeting, theatrical performance, exhibition, or event of any kind for which an admission fee is charged for the purpose of private gain or profit, but the terms of this subsection shall not apply where an admission fee is charged or collection is taken up for the purpose of defraying the expenses incident to such meeting, theatrical performance, exhibition, or event of any kind, when either of the same is held, given or takes place in connection with the dissemination of information which is not restricted under the ordinary rules of decency, good morals, public peace, safety and good order, provided that nothing contained in this subsection shall be deemed to authorize the holding, giving or taking place of any meeting, theatrical performance, exhibition, or event of any kind without a license, where such license is or may be required by any law of the state or under any ordinance of this Village; or
D. 
While containing reading matter other than advertising matter, is predominantly and essentially an advertisement, and is distributed or circulated for advertising purposes, or for the private benefit and gain of any person so engaged as advertiser or distributor.
GARBAGE
Any animal, fish, fowl, fruits or vegetable waste incident to and resulting from the use, preparation and storage of food.
LITTER
Garbage, refuse, and rubbish as defined herein and all other waste material which, if thrown or deposited as herein prohibited, would tend to create a danger to public health, safety and welfare.
NEWSPAPER
Any newspaper of general circulation as defined by general law, any newspaper duly entered with the United States Post Office Department, in accordance with federal statute or regulation, and any newspaper filed and recorded with any recording officer as provided by general law, and in addition thereto shall mean and include any periodical or current magazine regularly published with not fewer than four issues per year and sold to the public.
NONCOMMERCIAL HANDBILL
Any printed or written matter, any sample or device, dodger, circular, leaflet, pamphlet, newspaper, magazine, paper, booklet, or any other printed or otherwise reproduced original or copies of any matter of literature not included in the aforesaid definition of "commercial handbill" or "newspaper."
PARK
A park, reservation, playground, beach, recreation center or any other public area in the Village owned or used by the Village and devoted to active or passive recreation.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind.
PRIVATE PREMISES
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
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
REFUSE
All waste or rubbish of any kind, whether combustible or noncombustible in nature, including garbage, rubbish, ashes, street cleanings, dead animals, and abandoned automobiles.
RUBBISH
All waste or refuse of any kind, whether combustible or noncombustible in nature, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
VEHICLE
Every device in, upon, or by which any person or property is or may be transported or drawn upon a highway or street, including devices used exclusively upon stationary rails or tracks.
VILLAGE
The Village of Shorewood.
No person shall throw or deposit litter or allow or permit to be thrown or deposited any litter in or upon any street, sidewalk or other public place within the Village except in public receptacles, in authorized private receptacles for collection or in official Village public receptacles located at the Department of Public Works yard.
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.
A. 
No person shall sweep into or deposit in any gutter, street or other public place within the Village the accumulation of litter from any building or lot or from any public or private street, sidewalk, or driveway unless otherwise authorized by Village authority. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter.
B. 
No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the Village 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 Village shall keep the sidewalk in front of their business premises free of litter.
No person, while a driver or passenger in a vehicle, shall throw or deposit litter upon any street or other public place or upon private property within the Village.
No person shall drive or move any truck or other vehicle within the Village 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 Village, 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.
No person shall throw or deposit litter in any park within the Village 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.
No person shall throw or deposit litter in any fountain, pond, lake, stream, bay, or any other body of water in a park or elsewhere in the Village.
A. 
Throwing or distributing commercial handbills in public places. No person shall throw or deposit any commercial or noncommercial handbill in or upon any sidewalk, street or other public place within the Village, nor shall any person hand out or distribute or sell any commercial handbill in any public place; provided, however, that it shall not be unlawful on any sidewalk, street, or other public place within the Village for any person to hand out or distribute, without charge to the receiver thereof, any noncommercial handbill to any person willing to accept it.[1]
[1]
Editor's Note: Original § 13-711, Placing commercial and noncommercial handbills on vehicles, which immediately followed this subsection, was repealed 2-7-2005 by Ord. No. 1882.
B. 
Depositing commercial and noncommercial handbills on uninhabited or vacant premises. No person shall throw or deposit any commercial or noncommercial handbill in or upon any private premises which is temporarily or continuously uninhabited or vacant.
C. 
Prohibiting distribution of handbills where properly posted. No person shall throw, deposit or distribute any commercial or noncommercial handbill upon any private premises if requested by anyone thereon not to do so or if there is placed upon said premises in a conspicuous position near the entrance thereof a sign bearing the words "No Trespassing," "No Peddlers or Agents," "No Advertisement," or any similar notice indicating in any manner that the occupants of said premises do not desire to be molested or have their right of privacy disturbed or to have any such handbills left upon such premises.
D. 
Distributing commercial and noncommercial handbills at inhabited private premises.
(1) 
No person shall throw, deposit or distribute any commercial or noncommercial handbill in or upon private premises which is inhabited, except by handing or transmitting any such handbill directly to the owner, occupant or other person then present in or upon such private premises; provided, however, that in the case of inhabited private premises which are not posted as provided in this chapter, such person, unless requested by anyone upon such premises not to do so, may place or deposit any such handbill in or upon such inhabited private premises if such handbill is so placed or deposited as to secure or prevent such handbill from being blown or drifted about such premises or sidewalks, streets, or other public places, and except that mailboxes may not be so used when so prohibited by federal postal law or regulations.
(2) 
The provisions of this Subsection C shall not apply to the distribution of mail by the United States nor to newspapers as defined herein, except that newspapers shall be placed on private property in such a manner as to prevent their being carried or deposited by the elements upon any street, sidewalk or other public place or upon private property.
No person in an aircraft shall throw out, drop or deposit within the Village any litter, handbill, or any other object.
No person shall post or affix any notice, poster or other paper or device calculated to attract the attention of the public to any lamppost, public utility pole, or shade tree or upon any public structure or building except as may be authorized or required by law.
No person shall throw or deposit litter on any occupied private property within the Village, 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.
The owner or person in control of any private property shall at all times maintain the premises free of litter; provided, however, that this section shall not prohibit the storage of litter in authorized private receptacles for collection.
No person shall throw or deposit litter on any open or vacant private property within the Village, whether owned by such person or not.
No persons engaged in delivering or distributing any commercial or noncommercial handbills, newspapers or other advertising matter shall cross any lawn or over or through any hedge or shrubbery.
A. 
Notice to remove. The Village Environmental Health Inspector or the Building Inspector is hereby authorized and empowered to notify the owner of any open or vacant private property within the Village 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 certified mail addressed to said owner or agent at his last known address.
B. 
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 three days after receipt of the written notice provided for in Subsection A hereof, or within five days after the date of such notice in the event that the same is returned to the Village because of the inability of the postal service to make delivery thereof, provided that the same was properly addressed to the last known address of such owner or agent, the Village Environmental Health Inspector or Building Inspector is hereby authorized and empowered to order its disposal by the Village either by Village forces or by contract.
C. 
Charge included in tax bill. When the Village has effected the removal of such dangerous litter or has paid for its removal, the actual cost thereof plus accrued interest at the rate of 6% per annum from the date of the completion of the work shall be charged to the owner of such property, and if not paid within 30 days after billing the same shall be entered on the tax roll as a special tax against the property and the same shall be collected in all respects like other taxes upon real estate.
[Amended 5-20-1991 by Ord. No. 1602[1]]
Except where a penalty is otherwise prescribed, the penalty for violation of any provision of this chapter shall be as set forth in § 115-1 of the Village Code.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I).