Waste Container Regulations.
Milwaukee Code of Ordinances § 79-4
in effect79-4. Waste Container Regulations.
1. PORTABLE CONTAINERS.
a. Requirements. Portable containers for waste, except for containers for use in cart collection, shall be rodent resistant of substantial metal construction equipped with at least 2 handles and a tight fitting cover, shall have a capacity of not less than 20 nor more than 32 gallons and no single container when filled shall weigh more than 100 pounds. Waste not containing garbage may be stored in other approved ways as provided in this chapter, and in the rules of the commissioner.
am. Responsibility for Providing Portable Waste Containers. In areas of the city where the use of carts for the disposal of solid waste has been approved by the common council:
am-1. Owners of single, 2-, 3-, or 4-family dwelling units shall be provided carts by the city.
am-2. Owners of multi-unit dwellings of 5 or more units in the same structure shall provide, at their cost, containers of a type specified by the operations division.
as. Repair, Replacement or Sale. The operations division may:
as-1. Repair damaged portable containers or replace them if necessary and charge the property owner accordingly in cases where damage or loss can be determined by resident's misuse of the container.
as-2. Sell portable containers, at cost, to those property owners or individuals who require them for the proper disposal of waste.
as-3. Make a special assessment against the property served by the portable container if any charge for repair, replacement or sale of a container is not paid for within 30 days from receipt of billing statement.
b. Plastic Bags, etc. Approved bags and boxes made of plastic or paper shall not be used outside of the portable containers, except for the sole purpose of storing grass clippings, leaves, branches and paper.
c. Posting of Signs. Retail stores selling approved plastic bags intended or generally used for the storage of garbage, rubbish and trash shall have posted, in the vicinity of said bags, in a prominent and conspicuous manner, using bold lettering at least one inch in height, a placard stating as follows: "Garbage stored in plastic bags must be placed in garbage cans." This section of the code shall also be cited on the placard.
1.3.
EXTRA GARBAGE CART CHARGE.
a. Purpose. The purpose of this section is to permit the city as authorized under ss. 66.0405 and 66.0627, Wis. Stats., to recover costs relating to providing extra garbage carts for the collection of solid waste from one, 2-, 3- and 4-family dwelling units.
b. Charge. The department may authorize the issuance or retention of extra garbage carts, if necessary, to provide for proper storage and disposal of domestic waste and garbage. Owners of properties that receive or retain extra garbage carts shall pay an extra garbage cart fee as provided for under s. 81-51.5.
c. Overall Responsibility for Administering the Extra Garbage Cart Charge. The commissioner of public works shall administer the extra garbage cart charge. The commissioner may formulate and promulgate rules which shall be applicable with respect to the administration and collection of the extra garbage cart charge, and may make amendments thereto, subject to approval by the public works committee as may be required from time to time for proper application of the extra garbage cart charge.
d. Responsibility of City Officers and Departments Administering the Extra Garbage Cart Charge.
d-1. Superintendent of Water Works. The superintendent of water works shall be responsible, under the commissioner of public works, for the administration of the extra garbage cart charge. The superintendent shall collect the charge and transmit the revenue therefrom to the city treasurer together with solid waste, water, snow and ice removal cost recovery charge and local sewerage revenues as received.
d-2. City Treasurer. The city treasurer shall receive revenues from the extra garbage cart charge and shall also collect delinquent accounts when the delinquent accounts have been placed on the tax roll as provided for in this section.
d-3. City Comptroller. The city comptroller shall certify to the commissioner of assessments delinquent accounts to be placed on the tax roll, which shall be collected in the same manner as special charges under s. 66.0627, Wis. Stats. The comptroller shall keep separate accounts of all the funds, receipts and payments on account of the extra garbage cart charge.
e. Billing and Collecting. e-1. The extra garbage cart charge shall be levied against the water account and shall be calculated by the water works. The charge shall be added to the city services user bill and shall be due and payable in the same manner as water bills.
e-2. An interest penalty and late charge of 3% on outstanding balances shall be charged on all past due accounts each quarter. This fee may be waived by the water works where deemed warranted by special circumstances. Charges that remain unpaid for 2 full quarters shall be deemed delinquent. The delinquent user charges and 10% penalty shall be reported to the city comptroller for placement on the tax roll.
e-3. When partial payments of the combined city services user bill are made, the property owner may direct in writing how the partial payment is to be applied to the combined bill. If there is no written direction, the partial payment shall be applied to the water charges first. Any portion of the partial payment remaining after the water charges are paid for shall be applied to the metropolitan sewerage district charges, the local sewerage charges, the storm water management charges, the solid waste charge, the extra garbage cart charge and the snow and ice removal cost recovery charge, in that order; and then late charges for the solid waste charge, the snow and ice removal cost recovery charge and the extra garbage cart charge. Any overpayment of the combined bill shall be applied to the water charge on the account for the property.
f. Saving Clause. It is the intent of the common council that the provisions of this section relating to an extra garbage cart charge, and the application of revenue from this charge are separable. If any provision or part of this section be held unconstitutional or invalid by a court of competent jurisdiction, the decision shall not affect the validity of any other provisions or part of the section which other provisions and parts shall remain in full force and effect.
g. Appeal Procedure. g-1. Whenever any extra garbage cart charge is imposed in accordance with this section, and the person required to pay the charge feels aggrieved as a result of the imposition or collection of the charge, the person shall pay the charge when the same shall become due, but shall pay it “under protest.” Within 20 days following the payment, the person may file with the commissioner of public works a complaint to the effect that the person is aggrieved by the imposition and collection of the extra garbage cart charge, his or her specific reasons for objection and the amount of the overcharge complained of.
g-2. If, upon review by the commissioner of public works, it is determined that all or any part of any extra garbage cart charge paid under protest is not just or reasonable, the commissioner shall institute necessary procedures for a refund. If any person feels aggrieved by the determination of the commissioner, the person may file a complaint with the administrative review appeals board, pursuant to s. 320-11.
1.5. PORTABLE CONTAINERS; PROHIBITED USES. a. No person shall use a city-owned portable waste container or a city-owned portable recyclable material container for any purpose except the storage of waste or recyclables for curbside or alley collection by the operations division. No person shall use a city-owned portable waste container or a city-owned portable recyclable material container to transport any material for any purpose other than to transport waste or recyclables from the premises to the curb or alley for collection.
b. No person who is the owner, occupant, manager or other responsible agent of any property from which the operations division does not collect waste or recyclables shall permit a city-owned portable waste container or a city-owned portable recyclable material container to be brought onto or remain on the property.
2. NONPORTABLE CONTAINERS. Owners, lessees or managing agents of multi-unit dwellings of 5 or more units in the same structure or condominium design shall provide, at their cost, containers of a type specified by the operations division where the use of portable waste containers is inappropriate. Nonportable containers shall be fully enclosed, rodent resistant and of substantial construction, and have a minimum capacity of one-half cubic yard per dwelling unit or of sufficient capacity to hold 2 weeks of waste accumulation. All owners, lessees or managing agents providing nonportable containers as described in this subsection shall be required as a condition of collection to sign a written declaration, formulated by the city attorney, to the effect that the city shall be held harmless as against any claim, demand or cause of such action which may arise as a result of such collection in favor of any person or entity.
2.5 NONPORTABLE CONTAINERS; CLOSURE OF LIDS. The owner of a multi-family residential property shall ensure that the lids of waste containers are kept closed and that garbage remains inside the receptacle and does not overflow the containers. A property owner who permits a quantity of garbage on their property that exceeds the space available in their waste container or containers shall acquire additional receptacles or increase the frequency of garbage collection, or shall be subject to the penalties of s. 79-16.
3. NONPORTABLE CONTAINERS; CONSTRUCTION. Nonportable, mechanical lift, tapered rear loading containers equipped with casters, wheels, or rollers shall be fully enclosed, rodent resistant, and of substantial construction. Containers shall be secured or modified in such a manner as to prevent accidental tipping or free-rolling.
4. CONDOMINIUMS. Where collection service is provided by the department to a condominium complex, the city shall provide containers of a type and quantity determined at the discretion of the operations division to the owners of such condominium units in the same structure or condominium design, regardless of the number of units in the complex.
Source: City of Milwaukee Legislative Reference Bureau, Milwaukee City Charter and Code of Ordinances (city.milwaukee.gov master PDFs)URL: https://city.milwaukee.gov/ImageLibrary/Groups/ccClerk/Ordinances/Volume-1/CH79.pdf#page=5Fetched: 10/26/2026