Section 287.81. Littering.

 

(1)  In this section:

(a) “Aircraft" means any structure invented, used or designed for navigation or flight in the air.

(am) “Highway" has the meaning given in s. 340.01 (22) .

(as) “Large item" means an appliance, an item of furniture, a tire, a vehicle, a boat, an aircraft, building materials, or demolition waste.

(b) “Vehicle" has the meaning given in s. 340.01 (74) , but includes an electric personal assistive mobility device, as defined in s. 340.01 (15pm) , and an all-terrain vehicle, as defined in s. 340.01 (2g) .

(c) “Waters of the state" has the meaning given in s. 281.01 (18) .

(2)  Except as provided in sub. (3) , a person who does any of the following may be required to forfeit not more than $500:

(a) Deposits or discharges any solid waste on or along any highway, in any waters of the state, on the ice of any waters of the state or on any other public or private property.

(b) Permits any solid waste to be thrown from a vehicle operated by the person.

(c) Fails to remove within 30 days or otherwise abandons any automobile, boat or other vehicle in the waters of the state.

(d) Owns an aircraft that has crashed in the waters of the state and fails to remove the aircraft from those waters within 30 days after the crash, within 30 days after June 15, 1991, or within 30 days after the national transportation safety board pursuant to an investigation under 49 CFR Part 831 authorizes its removal, whichever is latest.

(2m)  Except as provided in sub. (3) , a person who deposits any large item on or along any highway, in any waters of the state, on the ice of any waters of the state, or on any other public or private property shall forfeit not more than $1,000.

(3)  

(a) Subsections (2) (a) and (2m) do not apply to a person who places solid waste in a receptacle designed for solid waste storage that is located along a highway or on other public or private property.

(b) Subsections (2) and (2m) do not apply to a person who deposits or discharges solid waste in conformance with chs. 30 , 31 , 281 to 285 or 289 to 299 or a permit, license or other approval issued by the department under those chapters.

1989 a. 335 ; 1991 a. 19 ; 1995 a. 227 s. 917 ; Stats. 1995 s. 287.81; 2001 a. 90 ; 2009 a. 368 ; 2011 a. 265 . Discarding a cigarette butt onto a highway violates this section's prohibition of discharging “any solid waste on or along any highway." State v. Iverson, 2015 WI 101 , 365 Wis. 2d 302 , 871 N.W.2d 661 , 14-0515 .