(A) Name and purpose. This section shall be known and cited as the “Village of Eau Claire Litter Ordinance.” The purpose of this section is to limit and restrict the storage or unreasonable accumulation of junk upon the premises within the township; to provide restrictions concerning the storage; to avoid injury and hazards to children and others attracted to such litter; and to minimize the devaluation of property and the psychological ill effects of the presence of the same upon adjoining residents and property owners.
(B) Definitions. LITTER as used in this section means all garbage, scrap and waste materials including rags, cartons, paper, cans, bottles, used lumber, boxes, wooden skids or pallets or parts therefrom (excluding those stored and used in connection with an industrial or commercial operation on the site), inoperable and/or discarded/unused appliances and equipment, cut or broken tree branches, and broken or discarded plaster, unused concrete, or unused brick building materials.
(C) Regulations.
(1) It shall be unlawful for any person, without the consent of the public authority having supervision of public property or the owner or occupier of private property, to dump, deposit, place, throw or leave, or cause or permit the dumping, depositing, placing, throwing, or leaving of litter or any other materials on any public or private property or waters within the village other than property designated and set aside for such purposes. The phrase "public or private property or waters" includes, but is not limited to, the right-of-way of any road or highway, any body of water or water course, or the shores or beaches thereof, and including the ice above such waters; any park, playground, building, refuge, or conservation or recreation area; and any residential, commercial, industrial, or farm properties or vacant or unimproved lands.
(2) It shall be unlawful for any person to aid, assist, or abet another to violate any of the provisions of the section.
(3) The owner or occupant of any building or premises within the village shall not permit or cause the outdoor storage of litter on such premises, subject to the following exceptions:
(a) Such litter is temporarily stored outdoors for not more than 14 days or for longer than any period which would cause the same to be odoriferous or a breeding place of insects or rodents, whichever is the lesser period.
(b) Such litter does not include garbage or other putrescible liquids or solids, is screened from the view of all adjacent properties and abutting public or private right-of-ways, and is being stored only between monthly or more frequent regular disposal by the owner or occupant of the premises in a lawful manner, or by monthly or more frequent regular collection by a public or private litter or garbage disposal service.
(c) Logs, branches, or other scrap wood may be neatly stacked outdoors on an occupied premises, provided such storage (1) does not exceed 640 cubic feet in area; (2) is not located within any required building setback areas as specified in the Village Zoning Ordinance; and (3) complies with all applicable fire codes and other ordinance requirements. The limitation of 350 cubic feet shall not apply to logs, branches, or other scrap wood stored and used in connection with a lawful industrial, commercial or agricultural operation on the site or in circumstances where the burning of wood is the main source of heat for a residence.
(d) Such litter is located in a duly licensed and properly zoned junk yard, salvage yard, or landfill where such uses or operations are legally authorized under the Village Zoning Ordinance.
(e) A special permit is first obtained therefore for a period of not to exceed 30 days from the Village Clerk or such other officer or official as the Village Council may designate to be granted only in special hardship cases beyond the control of the applicant, where special or peculiar circumstances exist, where no adjoining property owner is adversely affected thereby and where the spirit and purpose of these regulations are still observed. A special permit granted hereunder may be renewed for not more than one additional 30 day period upon a showing of due diligence and continued satisfaction of the criteria set forth above for the issuance of the initial permit.
(Ord. 2020-2, passed 3-16-2020)
Penalty, see § 93.99