Penalty 1.
Milwaukee Code of Ordinances § 79-16
in effect79-16. Penalty 1.
FORFEITURE. a. Any person who violates any provision of this subchapter except ss. 79-5.5, 79-11, 79-12-1 and 79-14-2 shall forfeit $500 including all forfeitures, penalties, fees and assessments levied by the court for the first offense and for each subsequent offense, and the costs and disbursements of such action, and in default thereof, or failure to discharge the imposed forfeit through community service or other means satisfactory to the court, shall be imprisoned as provided by law.
b. Any person who violates s. 79-5.5 shall forfeit not less than $25 nor more than $500 for the first offense and not less than $50 nor more than $500 for each subsequent offense.
c. Any person who violates s. 79-14-2 shall forfeit not less than $350 nor more than $500 for the first offense and not less than $400 nor more than $750 for each subsequent offense.
d. Any person who violates ss. 79-11 or 79-12-1 shall forfeit $500 including all forfeitures, penalties, fees and assessments levied by the court for the first offense and for each subsequent offense and any offense occurring between the hours of 8:00 p.m. and 5:00 a.m. on a street designated as a cruising area under s. 101-20.5 including the land within the street lines whether or not improved, and the costs and disbursements of such action, and in default thereof, or failure to discharge the imposed forfeit through community service or other means satisfactory to the court, shall be imprisoned as provided by law.
e. Each day of violation shall be a separate offense.
f. Each electronic device improperly disposed under s. 79-2-13-b shall constitute a separate violation.
2. LEIN. a. If any owner or agent fails, omits, neglects or refuses to obey any order from the department of public works or the department of neighborhood services, the appropriate department may take such steps as are necessary to remove the litter, return the garbage or recycling cart to its original storage location and provide accessibility to garbage or recycling carts as defined in s. 79-5-3 and pursuant to s. 66.0627, Wis. Stats., a special charge shall be made against the subject property for litter removal or garbage or recycling cart return.
a-1-a. The amount of the special charge for litter removal shall be determined on or before January 31 of each year by the commissioner of public works, subject to the approval of the common council. The special charge amount shall be based upon the actual average per occurrence cost of litter removal during the prior calendar year.
a-1-b. A person who fails to comply with s.79-5-2 shall receive a written notice to comply with respect to the alleged violation of s 79-5-2. Failure to comply following such notification shall result in a special charge of $25, and the second and each subsequent failure to comply within a calendar year shall result in a special charge of $60.
a-1-c. A person who fails to comply with s.79-5-3 shall receive a written notice with respect to the alleged violation of s. 79-5-3. Failure to comply following such notification shall result in a special charge of $25, and the second and each subsequent failure to comply within a calendar year shall result in a special charge of $50.
a-1-d. If a person is found to be in violation of the requirements of s. 79-5-5, the person shall be subject to a special charge of $30. A person who fails to comply with s. 79-5-5 shall receive a written notice with respect to the alleged violation of s.79-5-5. Failure to comply following such notification shall result in a special charge of $40, and the second and each subsequent failure to comply within a calendar year shall result in a special charge of $70.
a-2. If any owner fails, omits, neglects or refuses to maintain a property which results in 3 or more violations of s. 79-12 in any 12-month period, the commissioner of neighborhood services may issue a repeat litter charge for the 3rd and subsequent violations to compensate for inspectional, administrative and equipment costs. The charge shall be in accordance with s. 200-33-49-2.
a-3. Special charges made under this subsection shall be due and payable 30 days after billing or if not paid within that time become a lien on the subject property as provided in s. 66.0627, Wis. Stats. Such lien shall take effect as of the date of the delinquency and shall include an administrative charge of $25. Such lien shall automatically be extended upon the current or next tax roll as a delinquent tax against the property and all proceedings in relation to the collection, return and sale of the property for delinquent real estate taxes shall apply to such charge. Such charge shall not be payable in installments.
b. If any owner fails, omits, neglects or refuses to pay any fee assessed under s. 79-2-1-b for solid waste collection, pursuant to s. 66.0627, Wis. Stats., a special charge may be assessed against the subject property for all unpaid fees. The special charge assessed under this subsection shall consist of an interest penalty and late charge of 3% on outstanding balances and shall be charged on all past due accounts each quarter. This special charge may be waived by the department if deemed warranted by special circumstances. Charges that remain unpaid for 2 full quarters shall be deemed delinquent. The delinquent special charges and 10% penalty shall be reported to the city comptroller for placement on the tax roll.
3. CITATION. In addition to other applicable enforcement procedures and pursuant to the authority of s. 66.0113 Wis. Stats., city officers listed in s. 79-15 may issue citations pursuant to the citation procedure as set forth in s. 50-25 to any person violating any provision of ss. 79-2-9 and 10, 79-3, 79-4-1-a and b, 79-4-1.5, 79-5, 79-9-1 and 79-10 to 79-14. Each city-owned portable waste container or city-owned portable recyclable material container whose use or location violates s. 79-4-1.5 is an offense under that section, and each day of violation constitutes a separate offense.
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=13Fetched: 10/26/2026