CHAPTER 10

SOLID WASTE AND GARBAGE DISPOSAL:

LICENSING AND REGULATION

10.01 DEFINITIONS

(1) The following definitions shall apply:

(a) "Solid Waste" means any of the following types of waste:

(1) Domestic Waste: Domestic waste means all residential waste other than yard waste; commercial/industrial waste; bulk waste; recyclable waste; animal feces; and construction/demolition waste. Domestic waste shall include the following: garbage (defined as waste resulting from the handling, cooking, processing, preparation, serving, storage and consumption of food, including animal, vegetable or other matter which is subject to decomposition, decay, and putrefaction); ashes; small quantities of household wood material; rags; plastic (#3, 4, 5, 6, 7 and 8); cloth; stumps, roots, or shrubs with intact root balls; clean woody vegetative material greater than six inches in diameter (but in compliance with weight limits as described further below); and other waste as determined by the Town Board.

(2) Commercial/Industrial Waste: Commercial/ industrial waste means waste resulting from the operation of business enterprises, including but not limited to, offices; stores; restaurants; light industrial plants, and similar businesses. Commercial/industrial waste further includes bulky waste and other waste as determined by the Town Board.

(3) Bulky Waste: Bulky waste means freezers; refrigerators; stoves; clothes; washers; dryers; water heaters; televisions; dehumidifiers; humidifiers; water softeners; dishwashers; air conditioners; ovens; microwave ovens (capacitor removed); residential and commercial furnaces; boilers; and other items as determined by the Town Board.

(4) Construction/Demolition Waste: Construction/ demolition waste is waste resulting from building construction or demolition, alteration or repair, including excavated material, remodeling and other waste such as concrete; stone; asphalt; sod; earth; dirt and brick. Construction/demolition waste includes other waste as determined by the Town Board.

(5) Recyclable Waste: Recyclable waste includes materials banned from landfilling or incineration pursuant to State law commencing January 1, 1995, which said items include, but are not limited to: aluminum containers; cardboard (corrugated paper); glass containers; newspapers; plastic containers (#1 and 2 only); tin (bi-metal containers); magazines; office paper; steel containers; foam polystyrene packaging; and waste tires. Recyclable waste further includes materials as determined by the Town Board.

(b) Curb Side Collection: Curb side collection means the collection of domestic waste; bulky waste; recyclable waste; and yard waste, at the curb or from an alley or roadside.

(c) 1995 Banned Materials: 1995 banned materials means materials which are banned from landfilling or incineration pursuant to Wisconsin law effective January 1, 1995, as follows: lead acid batteries; major appliances; waste oil, grass clippings; leaves; sticks, brush and other lawn and garden resources (except when burning for energy recovery); newspapers or items printed on similar paper; magazines or items printed on similar paper; corrugated cardboard and container board; aluminum containers; steel containers; bi-metal (aluminum/steel); glass containers; plastic containers #1 and 2; and waste tires.

Beginning January 1, 1996, the Town of Menasha shall require the separation and collection of plastic containers labeled #3, 4, 5, 6, and 7 and foam polystyrene packaging. However, in the event the State provides a variance and the law is changed so that these items are not required to be separated and collected by January 1, 1996, then the provisions set forth in the preceding sentence shall not apply until such time the separation and collection of plastic containers labeled #3, 4, 5, 6, and 7 and foam polystyrene packaging is mandated by the State of Wisconsin.

(d) "Yard Waste" means leaves, yard and garden debris and brush, tree material, stumps, roots or shrubs with intact root balls, including clean woody vegetative material no greater than six inches in diameter. [6/20/99]

10.02 PURPOSE

(1) The purpose of this ordinance is to further the maintenance of safe and healthful conditions, prevent and control water pollution, promote the public health, safety and convenience and interests of the residents of the Town of Menasha, Winnebago County, State of Wisconsin. The further purpose of this ordinance is to establish regulations that reduce the amount of solid waste and other disposables in landfills and thus protect the public health and welfare and the environment. It is further intended by this ordinance to comply with mandatory recycling legislation and implementing regulations enacted by the State of Wisconsin, including Chapter 159 of the Wisconsin Statutes and NR 544, Wis. Adm. Code, as may be amended from time to time. To the extent permitted by law, this chapter is intended to serve as a municipal waste flow control ordinance in conjunction with program activities of Winnebago County and the State of Wisconsin. The provisions concerning recyclable matters set forth herein are intended to become effective on 1/1/95 as mandated by the State of Wisconsin. This Solid Waste and Yard Waste Ordinance may be amended from time to time as determined by the Town of Menasha Town Board.

10.03 DUMPING PROHIBITED

No person, firm or corporation owning land, leasing it or having any interest therein whatsoever, which is located in the Town of Menasha, Winnebago County, Wisconsin, shall dump or dispose of garbage, rubbish, or refuse, or liquid or solid waste material including sludge, sewage (excluding animal waste used as a fertilizer) or waste liquids of any kind or nature, on his property or on any property which is located in the Town of Menasha, Winnebago County, Wisconsin, or permit any other person, firm or corporation to dump or dispose of such garbage, rubbish, refuse, sewage, sludge (excluding animal waste used as fertilizer), waste material of any kind or nature, waste water, or either liquid or solid waste material on his property or on any property in the Town of Menasha, except upon licenses issued by the Town Board of the Town of Menasha, Winnebago County, Wisconsin, and in conformity with the provisions herein set out.

10.04 TOWN LANDFILL

No individual, person, firm, or corporation shall use or dispose of any solid waste or yard waste materials in the former Town of Menasha Landfill Site.

10.05 COLLECTION OF SOLID WASTE, YARD WASTE, AND OTHER WASTE

(1) Commercial/Industrial Waste and Construction/Demolition Waste

(a) Commercial/industrial waste and construction/demolition waste shall be collected by private contract of the owner. This waste shall be collected in such manner and frequency as needed to protect the public safety and welfare of the Town of Menasha, but not less than weekly.

(2) Yard Waste

(a) Yard waste shall be collected as set forth in the Rules and Regulations as established by the Town Board described in paragraph 10.05(B)(1)(a), below.

(1) All yard waste shall be separated from all other refuse. Yard waste shall be disposed of or placed for collection only in compliance with rules and regulations as established by the Town Board from time to time. Said rules and regulations shall be posted at the Town Hall, Municipal Fire StationĀ #2, and one other public place. Disposal or dumping of yard waste on any public premises or road right-of-way or upon any private lands not in compliance with the Town Board's rules and regulations is hereby prohibited and subject to the penalties of this Chapter.

(2) All brush, branches, cuttings from trees or shrubs shall be placed in an approved container or be tied in bundles not to exceed four feet in length, two feet in diameter, and less than 50 pounds in weight. Grass clippings shall not be collected as part of the curb side collection program. Leaves shall be collected as set forth in the rules and regulations as established by the Town Board described above in paragraph (a). The Town of Menasha shall provide contracted services for yard waste removal as set forth in the chapter 10.05(2)(a). The Town of Menasha Street Department shall administer a separate yard waste program and policy, which will be established by the Street Superintendent on an annual basis and shall have the full force and effect as provided by this Chapter. [Revised 6/20/99]

(3) Yard waste collection as described herein shall be from all residential properties in the Town of Menasha and shall not include business properties. Any business which produces yard waste shall be responsible for the proper disposal of the yard waste in conformity with the Town of Menasha Municipal Code.

(3) Domestic Waste

(a) Domestic waste shall be collected by the Town from all residences on a weekly basis provided such waste is properly handled, prepared, contained, stored and located in conformance with this ordinance. Further regulations concerning the collection of domestic waste shall be as follows:

(1) All domestic waste shall be drained and kept in containers of non-rusty metal, non-breakable plastic or rubber, and of a capacity of not more than 30 gallons. Plastic bags shall be considered an adequate container for the placing of domestic waste for collection at the curb provided that such bags have a thickness of no less than 1.3 mils, that such bags are intended for such use and that such bags are designed to be used for the purpose of collection of domestic waste, and, provided that such bags must be properly secured. Unless such bag is designed for purposes of garbage disposal, paper sacks or bags which are not in conformity herewith shall be considered an inadequate container and shall not be picked up. The total weight of each individual container and the material shall not exceed 50 pounds. All containers shall be durable, rust-resistant, non-absorbent, water tight and rodent-proof.

(2) Miscellaneous domestic waste comprised of wood, rags, straw, sweepings, etc., from buildings and similar material, shall be placed in a container of suitable size and weight for handling.

(3) Hot cinders, ashes, or any smoldering embers shall not be placed in cardboard or paper containers, but shall be placed in a container of type and composition suitable for handling. All cinders, ashes, or embers shall be placed in noncombustible containers of a suitable size and weight.

(4) All containers for the storage and collection of domestic waste shall be maintained in such a manner as to prevent the creation of a nuisance to public health and safety.

(5) Any defective container not replaced subsequent to notification by the Town shall be removed as domestic waste.

(6) Other types of containers conforming to the intent of this section and approved by the Town may be used for storage and collection of domestic waste.

(7) All containers shall be provided by the owner of the residence.

(8) The owners of all containers shall keep them clean and in a sanitary condition. Maintenance and repair of all containers shall be the responsibility of the owner.

(9) Animal feces shall be properly disposed of by wrapping in paper, then placing it in suitable plastic disposable containers.

(10) All domestic waste shall be separated from all other waste and placed by the owner at the curb, or, at the end of the alley or roadside. Stones, concrete, dirt, tires, lead acid batteries, waste oil, antifreeze, medical waste, and hazardous substances are not allowed in the solid waste stream, and are or will be banned materials from landfilling and incineration, and shall not be picked up. Any container with such prohibited materials shall not be picked up.

(11) The owner and occupant of any residence shall be responsible for proper and sanitary storage of all domestic waste accumulated at that residence until collected by the collecting and transporting service.

(12) Domestic waste shall be prepared for collection and placed at the curb side prior to 7:00 AM on the scheduled day of collection, each week. Any containers, when placed in front of the residence, shall not be placed more than 12 hours before collection date and shall be removed by 12:00 AM Midnight on the date of collection. Containers left at the curb beyond midnight shall be in violation of this code.

(13) Further rules and regulations concerning the collection, storage, and disposal of domestic waste shall be as set forth in the Town Board's rules and regulations as established by the Town Board from time to time, which said rules and regulations shall be posted at the Town Hall, Municipal Fire Station #2, and one other public place, and which said rules and regulations shall have full force and effect as a town ordinance as if fully described at length herein.

(14) Beginning January 1, 1997, the Town shall provide a system of volume-based solid waste fees to generate revenue equal to the responsible unit's costs for solid waste management other than those reimbursed by the State, unless the responsible unit separates for recycling at least 25% by volume or by weight of the solid waste collected within the region by the responsible unit or by any person under contract with the responsible unit.

(4) Waste Oil

(a) All waste oil for collection shall be free of all contaminants, solvents, and hazardous materials. Disposal of waste oil shall be permitted at Town-designated collection sites. No person residing outside of the Town limits shall bring into the Town and dispose at any Town-designated collection site any waste oil.

(b) As used in this section, waste oil means oil to be used in the engine or crank case of a motor vehicle; oil after it is used and removed from the engine or crank case of a motor vehicle, but before that oil is recycled; and motor vehicle means any vehicle propelled by an internal combustion engine and includes any automobile, truck, bus, motorcycle, snowmobile, lawn mower, or any vehicle which travels on or off roads or highways.

(5) Bulky Waste

(a) Bulky waste shall be collected only after special arrangements have been made by the owner of the Town residence with the Town refuse hauling contractor for pickup of the bulky waste item. The cost for pickup of bulky waste shall be determined by the Town Board. The resident shall pay the hauler directly for the removal of the bulky waste item at the contract price determined between the Town and contract hauler.

(6) Recyclable Waste

(a) All recyclable waste shall be separate from all other waste. No recyclable waste item shall be mixed with any other waste (i.e. domestic waste, yard waste, commercial/industrial waste, bulky waste, or construction/demolition waste). All recyclable waste shall be clean and kept free of contaminants such as food or product residue, oil or grease, or other non-recyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable waste shall be stored in a manner which protects it from wind, rain, and other inclement weather conditions.

(b) All recyclable waste shall be prepared for collection and placed at the curb side prior to 7:00 AM on the scheduled day of collection. All recyclable waste shall be placed in the Town of Menasha recycling bins. Any recycling bin container shall not be placed more than 12 hours before collection day and shall be removed by 12:00 AM, midnight, on the day of collection. Recycling bin containers left at the curb beyond midnight shall be in violation of this code.

(c) Recyclable waste shall be collected on a bi-weekly basis on the same days as domestic waste is collected.

(d) The residential owner of the recycling bin container shall keep the container clean and in a sanitary condition. Maintenance and repair of the recycling bin container shall be the responsibility of the owner. Additional recycling bin containers may be purchased from the Town at a cost as determined by the Town Board.

(e) The collection of all recyclable waste shall be in conformity with rules and regulations as established by the Town Board from time to time. Said rules and regulations shall be posted at the Town Hall, Municipal Fire Station #2, and one other public place. Disposal or dumping of recyclable waste not in compliance with the Town Board's rules and regulations is hereby prohibited and subject to penalties as set forth in this ordinance.

(f) If recyclable waste is not prepared according to the provisions of this ordinance, or, are not placed in the recyclable bin container, then the Town's waste hauler shall "tag" these containers and pickup shall not be made until the condition is remedied and compliance has been made with this ordinance.

(g) Recyclable waste shall be separate from domestic waste and in the event any recyclable waste material is mixed with domestic waste, then the mixed recyclable waste/domestic waste material shall not be picked up.

(7) Lead Acid Batteries

(a) There shall be no collection and/or disposal of lead acid batteries by the Town of Menasha. Any person who has a lead acid battery shall exchange the battery with the retailer at the time of a new battery purchase. Any person or retailer shall dispose of all lead acid batteries at a local retail battery recycling facility.

(8) Preparation and Collection Requirements for Recyclable Materials (Recyclable Waste)

(a) Paper. Paper, magazines, corrugated paper material, paper grocery bags, phone books and catalogs shall be the only recyclable waste material that shall be collected. Junk mail, and cereal boxes shall not be collected as recyclable waste material. All acceptable recyclable waste material described herein shall be placed in a paper bag, kept dry, and all boxes shall be flattened.

(b) Glass. Jars and bottles (only bottles you can see through) shall be the only recyclable waste material which shall be collected. Light bulbs, plate glass, auto glass, tempered glass, mirrors, ceramics or any other glass that is not a container shall not be collected as recyclable waste material. Caps and rings shall not be collected as recyclable waste material. All glass recyclable waste material shall be rinsed and clean.

(c) Aluminum and Steel Cans. Only food and beverage cans shall be collected as recyclable waste material. Scrap metal, paint cans, aerosol cans, automotive product cans, aluminum foil or disposable aluminum plates or pie tins shall not be collected as recyclable waste material. All aluminum and steel cans shall be rinsed and cleaned. Paper labels shall be removed, it possible. Furthermore, it is preferred that all aluminum and steel cans be flattened to save space.

(d) Plastic. Only plastic narrow-necked bottles marked with number 1 and 2 recycling symbols, i.e. milk jugs, soda, bleach, detergent, and fabric softener bottles, shall be collected as recyclable waste material. Plastic wrap, plastic bags or any other type of plastic bottle such as those used for motor oil, antifreeze or other hazardous materials shall not be collected as recyclable waste material. Caps and rings shall not be collected as recyclable waste material. All plastic recyclable waste material shall be rinsed, cleaned and all contents will be removed. If possible, all plastic materials shall be flattened to save space.

10.06 PRIVATE DUMP SITE

No private dump site shall be allowed in the Town of Menasha.

10.07 NON-RESIDENT REFUSE DISPOSAL PROHIBITED

No person residing outside the Town limits shall bring into the Town for disposal or collection any solid waste, yard waste, waste oil, tires, bulky waste, as defined herein, or any banned landfill materials.

10.08 LITTERING PROHIBITED

No person shall throw, place or deposit any solid waste or yard waste in any street, alley, public place, or private property within the Town limits except in proper containers for disposal and collection as described herein.

10.09 EXEMPTIONS FROM TOWN REFUSE HAULING

(1) Multiple family residential units of five (5) units or more and licensed mobile home parks may be exempted from the Town assessment for refuse hauling service.

(2) For any multiple family residential unit of five (5) units or more or any licensed mobile home park that is not currently exempt, the exemption from service must be applied for on or before November 1 of the calendar year for the exemption to become applicable for the following year. The granting of the exemption shall be done solely by the Town Board and shall be at the discretion of the Town Board.

(a) Multiple family dwelling units of five (5) or more shall be considered for exemption if it meets the following criteria:

(1) There are five (5) units or more contained within a single structure, or a structure in which five (5) units or more are permanently attached to each other.

(2) The person, partnership or corporation applying for the exemption owns all of the units within the structure, or in the alternative all of the owners of all of the units within the structure apply for the exemption.

(b) Mobile homes located in mobile home parks licensed by the Town may be considered for exemption if they meet the following criteria:

(1) The person, partnership or corporation holding the mobile home park license applies for the exemption.

(2) The owners of all of the mobile home units agree that all of the mobile home units located within the park are to be exempted from the collection service.

(3) The Town of Menasha Board reserves the right to revoke the exemption, when in its discretion, a person or persons being granted the exemption have failed to properly manage and supervise the proper collection of refuse from the exempt unit, or for any other reason the Town Board deems appropriate.

(4) Any and all exempt units shall continue to be exempt each year, unless revoked by the Town Board, and these exempt units shall not be required to re-apply for exemption each year.

10.10 RESPONSIBILITIES OF OWNERS OR DESIGNATED AGENTS OF MULTIPLE FAMILY DWELLINGS

(1) Owners or designated agents of multiple family dwellings shall do all of the following to recycle the materials specified in Section 10.01(A)(1)(e):

(a) Provide adequate, separate containers for the recyclable waste.

(b) Notify in writing, at least semi-annually, all users, tenants, and occupants of the properties about the established recycling program.

(c) Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.

(d) Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.

(2) The requirements specified in paragraph (A) above do not apply to the owners or designated agents of multiple family dwellings if the post consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Section 10.01(A)(1)(e) from solid waste in as pure a form as is technically feasible.

10.11 RESPONSIBILITIES OR OWNERS OR DESIGNATED AGENTS OF NON-RESIDENTIAL FACILITIES AND PROPERTIES

(1) Owners or designated agents of non-residential facilities and properties shall do all of the following to recycle the materials specified in Section 10.01(A)(1)(e):

(a) Provide adequate, separate containers for the recyclable waste.

(b) Notify in writing, at least semi-annually, all users, tenants, and occupants of the properties about the established recycling program.

(c) Provide for the collection of the materials separated from the solid waste by the users, tenants and occupants and the delivery of the materials to a recycling facility.

(d) Notify users, tenants and occupants of reasons to reduce and recycle, which materials are collected, how to prepare materials in order to meet the processing requirements, collection methods or sites, locations and hours of operation, and a contact person or company, including a name, address and telephone number.

(2) The requirements specified in paragraph (A) above do not apply to the owners or designated agents of non-residential facilities and properties if the post consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in Section 10.01(A)(1)(e) from solid waste in as pure a form as is technically feasible.

10.12 PROHIBITIONS ON DISPOSAL OF RECYCLABLE MATERIALS SEPARATED FOR RECYCLING

No person may dispose of, in a solid waste disposal facility or burn in a solid waste facility, any of the materials specified in Section 10.01(A)(1)(e) which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

10.13 ANTI-SCAVENGING

It shall be unlawful for any person other than authorized Town employees or persons having written authorization by the Town Administrator to go through, sort or take anything from any solid waste or recyclables that have been set out in bags, cans, or other approved containers for the purpose of being picked up by Town's refuse/recycling collector. Yard waste, grass clippings and brush are not included in the prohibitions set forth in this paragraph.

10.14 NUISANCE

No person shall permit any solid waste, recyclable waste, yard waste or other substance tending to create a nuisance, to be thrown out or distributed on or about the premises including adjacent property, streets, alleys, lakes or streams within the Town. When it has been determined that a facility's solid waste or other substance becomes a nuisance to adjoining property owners, including Town streets, by being scattered, the Town Building Inspector shall require the owner of the facility to provide an adequate enclosure, including fencing, to prevent solid waste or other substances from being blown or scattered to adjoining properties and the Town streets.

10.15 COMPOSTING

Backyard composting of yard wastes is encouraged. However, such an operation must be operated to prevent a nuisance condition, unsightly mess or an environmental or health hazard. General guidelines published by the Wisconsin Department of Natural Resources shall be followed. No dairy products, meat, fish, fat, oils, bones or animal wastes shall be composted.

10.16 SEVERABILITY

If any provision of this ordinance is invalid or unconstitutional, or if the application of this ordinance to any person or circumstance is invalid or unconstitutional, such invalidity or unconstitutionality shall not affect the other provisions or application of this ordinance which can be given effect without the invalid or unconstitutional provision or its application.

10.17 SPECIAL LIMITATIONS ON LOADS, HAULING AND DUMPING

(1) No person shall operate a vehicle on a Town road or other road in the Town of Menasha unless such vehicle is so constructed, loaded and covered or secured as to prevent its contents from dropping, sifting, leaking or otherwise escaping therefrom.

(2) It shall be unlawful for any person to throw, deposit, or distribute any domestic waste, recyclable waste, yard waste, bulky waste, construction/demolition waste, or commercial/industrial waste, on or along any roadway within the limits of the Town of Menasha, Winnebago County, Wisconsin.

(3) No person shall dump solid waste, recyclable waste, or yard waste on any lot or property within the Town, unless express permission has been granted by the owner in writing and unless said dumping complies with all federal, state and local restrictions.

10.18 DESIGNATED REFUSE COLLECTION FUND

(1) Purposes.

  1. The purpose of this ordinance is to avoid mid-year revenue shortfalls due to increases in landfill costs through the establishment of a Designated Refuse Collection Fund.

(b) The further purpose of this ordinance is to establish and clarify the means and methods for payment of refuse collection special assessments.

(2) Means of Payment.

(a) Special assessment payments for refuse collection shall be made in accordance with (2) or (3) below for a calendar year or any portion thereof in advance of the refuse collection current year.

(b) Payment shall be made by special assessments on each year's tax roll for all existing refuse collection residential customers on a per dwelling, per unit basis.

(c) Newly constructed dwelling units or any new residential users of refuse collection services shall be charged on a prorated per dwelling unit fee for the balance of the calendar year for which service is to be rendered after which the provisions of paragraph (2) above shall apply.

(3) Method of Determining Assessment. The special assessments for refuse collection shall be determined annually by the Town Board of Supervisors based upon the following factors:

(a) A base dollar rate is the per dwelling unit charge as contained in the most recent refuse collection contract, plus two percent (2%) over the contract price, for the purposes of offsetting unanticipated landfill cost increases or other refuse collection increases per contract, per acts of God, etc., all as necessary to maintain a reasonable base rate.

(b) Percentage Calculation and Usage. The percentage under paragraph (1) above shall be determined annually by the Town Board of Supervisors and shall to the greatest extent practical be based upon anticipated landfill costs or base rate increases by contract.

(c) Funds generated by this ordinance shall be placed in a separate designated fund, being the Refuse Collection Reserve Fund, until the fund reaches an amount sufficient to offset the anticipated increase. When the fund is deemed sufficient by the Town Board of Supervisors, any excess funds may be used to maintain the base rate at its existing level or any increase in the base rate that may be anticipated from time to time.

10.19 CHRISTMAS TREES

Christmas trees shall be picked up on the regular collection day between December 27th and January 10th only.

10.20 PENALTY

(1) For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer, employee or representative of the Town of Menasha may inspect recyclable waste separated for recycling, post consumer waste intended for disposal, recycling collection sites and facilities, collection vehicles, collection areas of multiple family dwellings and non-residential facilities and properties, and any records relating to recycling activities, which shall be kept confidential when necessary to protect proprietary information. No person may refuse access to any authorized officer, employee, or authorized representative of the Town of Menasha who requests access for purposes of inspection, and who presents credentials. No person may obstruct, hamper, or interfere with such an inspection.

(2) Any person who violates a provision of this ordinance will be issued a citation by a Town of Menasha Police Officer. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same incident. Proceeding under any other ordinance or law relating to the same incident shall not preclude the issuance of a citation under this paragraph.

  1. Penalties for violating this ordinance shall be as follows:

(a) Any person, firm, corporation or any other entity who shall violate any provision of Section 10.05 shall, upon conviction thereof, be subject to a forfeiture as follows:

(1) First violation: not less than $10.00 nor more than $200.00, together with the cost of prosecution.

(2) Second violation: not less than $200.00 nor more than $500.00, together with the cost of prosecution.

(3) Third or subsequent violation: not less than $500.00 nor more than $2,000.00, together with the cost of prosecution.

(4) In default of any forfeiture amount described above, the person in default shall be imprisoned in the County Jail until said forfeiture and costs are paid, but not exceeding 90 days. Each violation and each day a violation continues or occurs shall constitute a separate offense.

(b) Any person, firm, corporation or entity who -violates any other provision of this ordinance (excluding Section 10.05) shall, upon conviction thereof, forfeit not less than $50.00 nor more than $1,000.00 for each violation together with the cost of prosecution, in default of payment thereof, shall be imprisoned in the County Jail until said forfeiture and costs are paid, but not exceeding 90 days. Each violation and each day a violation continues or occurs shall constitute a separate offense.