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City of Oshkosh Municipal Code
Revised 5/9/2006
REVISED
CHAPTER 23
SOLID WASTE DISPOSAL
ARTICLE I. GARBAGE AND RUBBISH DISPOSAL
23-1Definitions
23-2Intent
23-3Recycling Required
23-4Separation requirements Exempted
23-5Care of Separated Recyclable Materials
23-6Prohibition on Disposal of Recyclable Materials Separated for Recycling
23-7Standards of Service
23-8Point of Storage and Point of Collection.
23-9General Requirements
23-10Responsibilities of Owners or Designated Agents of Multifamily Dwellings
23-11Responsibilities of Owners or Designated Agents of Non Residential Facilities and Properties
23-12Littering Prohibited.
23-13Private Collections.
23-14Reporting Requirements.
23-15Non-Resident Refuse Disposal Prohibited
23-16Inspection Authority
23-17Dumping Grounds Regulations
23-18Penalties
SECTION 23-1Definitions
The following definitions shall apply unless a different meaning appears from the context.
(A)"Appliance" means a residential or commercial air conditioner, clothes dryer, clothes washer,
dishwasher, freezer, microwave oven, oven, refrigerator or stove, residential and commercial
furnaces, boilers, dehumidifiers, and water heaters.
(B)"Bi-metal container" means a container for carbonated or malt beverages that is made primarily of
a combination of steel and aluminum.
(C)"Foam polystyrene packaging" means packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
(1)is designed for serving food or beverages;
(2)consists of loose particles intended to fill space and cushion the packaged article in a
shipping container; or
(3)consists of rigid materials shaped to hold and cushion the packaged article in a shipping
container.
(D)"Garbage" means discarded materials resulting from the handling, processing, preparation, storage,
cooking and consumption of food, and discarded animal feces.
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(E)"Hazardous substance" means any substance or combination of substances which may cause or
significantly contribute to an increase in mortality or an increase in serious irreversible or
incapacitating reversible illness or which may pose a substantial present or potential hazard to
human health or the environment. This term includes, but is not limited to, pesticides and
substances which are toxic, corrosive, flammable, irritants, strong sensitizers or explosives, as
determined by the Department of Natural Resources.
(F)"Institutional" means a non-profit establishment for public use including but not limited to the
following: structures owned or operated by the county, state or federal government, or any
subdivision thereof, excluding property owned or operated by the City of Oshkosh; a University
school; hospital; church; or care facility for the elderly or disabled.
(G)"Medical waste" means infectious waste and those containers, packages and materials that contain
infectious waste or that are from a treatment area and are mixed with infectious waste.
(H)"Multiple dwelling " means residential structures with more than four dwelling units located within a
structure or a complex of structures with at least one structure in the complex consisting of more
than four dwelling units.
(I)"Plastic container" means an individual, separate and rigid bottle, can, jar or carton, made from
plastic, except for a blister pack as defined in Sec. 100.33(1)(c), Wis. Stats., as may be amended
from time to time, that is originally used to contain a product that is the subject of retail sales defined
in Sec. 100.30(2)(h), Wis. Stats., as may be amended from time to time.
(J)"Recyclable material" means material in solid waste for which there exists a commercially
demonstrated processing or manufacturing technology which uses the material as a raw material.
(K)"Refuse" means all matters produced from industrial or community life, subject to decomposition,
not defined as sewage or wastewater. This term does not include appliances, stones, concrete, dirt,
plaster, tires, batteries, antifreeze, automotive engine waste oil, yard waste and building, demolition
materials, and recyclables.
(L)"Residential" means (1) a structure consisting of no more than four dwelling units as that term is
defined within chapter 30 of this code(2) a complex of structures with each structure in the complex
consisting of no more than 4 dwelling units, or (3) a condominium association.
(M)"Solid waste" means garbage, refuse, recyclable materials and all other discarded or salvageable
solid materials, including solid waste materials resulting from industrial, commercial and agricultural
operations, and from domestic use and public service activities.
(N)"Yard waste" means leaves, grass clippings, yard and garden debris and brush including clean
woody vegetative material no greater than three (3) inches in diameter. This term does not include
yard and garden debris and brush in excess of three (3) inches in diameter, stumps, roots or shrubs
with intact root balls.
SECTION 23-2Intent
It is intended by this Chapter 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 Chapter to comply with mandatory recycling legislation and implementing regulations
enacted by the State of Wisconsin, including Chapter 159 of the Wisconsin Statutes 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 its Solid Waste
Management Board. The provisions concerning recyclable materials are intended to become effective on
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January 1, 1992, or as soon thereafter as Winnebago County can accept such materials. The City
administration may establish further regulations designating effective dates for particular areas of the City
to phase-in implementation of this chapter.
SECTION 23-3Recycling Required
All occupants of buildings, both residential and non-residential, shall separate for recycling the following
materials as designated and publicized for recycling by the Director of Public Works:
(1)Lead acid batteries
(2)Major appliances
(3)Waste oil
(4)Yard Waste
(5)Aluminum containers
(6)Bi-metal containers
(7)Corrugated paper or other container board
(8)Foam polystyrene packaging
(9)Glass containers
(10)Magazines
(11)Newspaper
(12)Office paper
(13)Plastic containers labeled by SPI codes 1-7
(14)Steel containers
(15) Waste tires
SECTION 23-4Separation Requirements Exempted
The separation requirements of section 23-3 do not apply to the following:
(1)Owners and Occupants of properties that send their post-consumer waste to a processing facility
licensed by the Wisconsin Department of Natural Resources that recovers the materials specified
in section 23-3 from solid waste in as pure a form as is technically feasible.
(2)Solid Waste which is burned as a supplemental fuel at a facility if less than 30% of the heat input
to the facility is derived from the solid waste burned as a supplemental fuel.
(3)A recyclable material specified in section 23-3 for which a variance has been granted by the
Department of Natural Resources under s. 159.11(2m), Wis Stats. or s. NR 544.14 Wis Admin. Code
SECTION 23-5Care of Separated Recyclable Materials
To the greatest extent practicable, the recyclable materials separated in accordance with section 23-3 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 materials shall be stored in a manner which protects them from wind, rain,
and other inclement weather conditions.
SECTION 23-6Prohibition 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 treatment facility any of
the materials specified in section 23-3 which have been separated for recycling, except waste tires may be
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burned with energy recovery in a solid waste treatment facility.
SECTION 23-7Standards of Service
(A)Residential Areas
(1)Solid waste, with the exception of recyclable materials, shall be collected once a week from
residential dwelling units according to a schedule set by the City.
(2)Recyclable materials shall be collected from residential dwelling units according to a
schedule set by the City.
(3) The City will pick up plaster and building materials at a frequency not exceeding once per month
from residential dwelling units, provided that the total amount does not exceed 32 gallons in
capacity and is placed in containers, the gross weight of which does not exceed 50 pounds.
(4) The owner of each residential dwelling unit will be charged a monthly fee billed annually,
established by resolution on an annual basis by the city council, for the collection of solid waste
and recyclables. In the case of mobile home parks, the owner of the mobile home park will be
charged the same monthly fee billed annually, for each mobile home lot contained in the mobile
home park. Condominium associations, owners of residential units located in the downtown
Business Improvement District and owners of residential structures containing four (4) dwelling
units may elect not to have solid waste and recyclables collected by the City for the entire
condominium association or structure. Elections by condominium associations, owners of
residential units located in the downtown Business Improvement District and owners of
residential structures containing four (4) dwelling units are applicable to the entire condominium
association or structure and may not be made on an individual basis by dwelling unit.
For the fourth quarter of 2006, if the condominium association, the owner of residential units
located in the downtown Business Improvement District or the owner of a residential structure
containing four (4) dwelling units elects not to have solid waste and recyclables collected by the city,
the association or owner of the residential structure shall notify the Director of Public Works by July
1, 2006 of their election and shall not be subject to the fee for service. (this paragraph shall be self-
repealing on July 2, 2006).
If the condominium association, the owner of residential units located in the downtown Business
Improvement District or the owner of a residential structure containing four (4) dwelling units elects
not to have solid waste and recyclables collected by the city, the association, the owner of residential
units located in the downtown Business Improvement District or the owner of the residential structure
shall notify the Director of Public Works by October 1 of the current year of their election not to
receive collection and shall not be subject to the fee for service for the following year. (this
paragraph shall be effective July 2, 2006).
If a condominium association, the owner of residential units located in the downtown Business
Improvement District or the owner of a residential structure containing four (4) dwelling units who
has previously made an election not to have solid waste and recyclables collected by the city elects
to have collection of solid waste and recyclables by the city for the following year, the association
or owner of the structure shall notify the Director of Public Works by October 1 of the current year
of their election to have collection done by the city for the following year(s). (this paragraph shall be
effective July 2, 2006).
(B)Multiple Dwelling Structures
(1) (renumber paragraphs (2) and (3))
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(2)The City shall collect no solid waste or recyclable materials from multiple dwelling structures
or complexes.
(3)Recyclable materials shall be kept separate from other solid waste.
(C)Commercial, Institutional and Industrial Units
(1)(renumber paragraphs (2) and (3))
(2) The City shall collect no solid waste or recyclable materials from commercial, institutional and
industrial establishments.
(3) Recyclable materials shall be kept separate from other solid waste.
SECTION 23-8Point of Storage and Point of Collection.
(A)Solid waste shall be stored to the rear of a dwelling.
(B) (1)All solid waste must be placed for collection on the terrace or at the edge of the roadway in
the public right-of-way area where no terrace exists.
(2) If the property owners sign a waiver and release, releasing the City from damage liability
to curbs, gutters, sidewalks and driveways, the City may collect solid waste from the
following private roadways: Kope Avenue, Cove Lane, Crimson Lane, Magnolia Avenue,
Indigo Drive, Virginian Street, Glenwood Drive, Glenway Drive, Glenwalk Drive,
Glenview Lane, Gelnshire Lane, Glenkirk Lane, Glenhurst Lane, Glenbrook Lane,
Glenayre Lane and the private roadways within Lakeview Mobile Home Park. All solid
waste must be placed for collection on the edge of the private roadway.
(3) If the property owners sign a waiver and release, releasing the City from damage liability
to curbs, gutters, sidewalks and driveways, the City may collect solid waste from private
driveways in condominium associations. All solid waste must be placed for collection
on the edge of the private driveway.
(4) Solid waste shall not be placed out for collection before 4 o'clock P.M. of the day
preceding a regularly scheduled pick-up or a previously announced date for collection
of recyclable materials and containers shall be returned by the persons to the point of
storage within twelve (12) hours after collection. Containers must be set out by 7:00
a.m. on the day of collection. A charge of $25.00 plus a $10.00 administrative fee per
occurrence will be assessed when the City must return to collect a container set out
after the regularly scheduled collection has occurred, the amount charged to each lot or
parcel of land shall be charged to the owner of the property and if not paid shall be
assessed against the real estate as a special charge pursuant to §66.60(16) Wis. Stats.
SECTION 23-9General Requirements
(A) All garbage shall be drained and wrapped in paper and kept in containers of galvanized iron or other
non-rusting metal, non-breakable plastic or rubber, with tight fitting covers and lifting handles, and
of a capacity of not more than thirty-two (32) gallons. Plastic bags shall be considered an adequate
container for the placing of garbage 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 as inserts in the containers described in this paragraph; and such bags must
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be properly secured. Unless such bag is designed for purposes of garbage disposal, paper sacks
or bags shall not be considered an adequate container and shall not be picked up. The total weight
of the container and the material shall not exceed fifty (50) pounds.
(B)All refuse shall be stored in durable containers not to exceed thirty-two (32) gallons in capacity or
a combined weight of fifty (50) pounds. Metal, plastic and rubber containers shall have undamaged
lifting handles.
(C) No rear loaded containers (dumpsters) shall be allowed.
(D)Bulky items, such as brush less than three (3) inches in diameter, corrugated paper, floor covering
shall be tied in bundles not to exceed four (4) feet in length, nor fifty (50) pounds in weight.
(E)Recyclables
(1)Containers and Foam PolyStyrene Packaging
All residential dwelling units; multiple family units; commercial, institutional and industrial
establishments shall separate the containers and packaging materials designated under
section 23-3 for recycling.
If the unit or establishment receives collection from the City, these materials shall be placed
in approved plastic bags not to exceed thirty-two (32) gallons in capacity nor fifty (50) pounds
in weight. All materials placed within the approved bags must be clean and kept free of
contaminants. The City administration shall designate and publicize the approved
specifications for these containers.
(2) Paper Materials
(a) All residential dwelling units; multiple family units; commercial, institutional and
industrial establishments shall separate the following recyclable paper materials:
Newspapers, Magazines and corrugated paper.
If the unit or establishment receives collection from the City, the paper materials
specified above shall be kept separate from other solid waste and placed in paper
grocery bags or bundled for collection. Corrugated paper materials must be
flattened, bundled and not exceed four (4) feet in length in any direction. The total
weight of each container or bundle of materials shall not exceed fifty (50) pounds.
(b)All commercial, institutional and industrial establishments shall separate the following
recyclable paper materials: computer paper, white and colored office paper,
envelopes, manila envelopes, fax paper, and index cards.
If the unit or establishment receives collection from the City, the paper materials
specified above shall be kept separate from other solid waste and placed in approved
clear plastic bags not to exceed thirty-two (32) gallons in capacity nor fifty (50)
pounds in weight for collection.
(3)If such materials are not properly prepared for collection or are commingled with other
acceptable solid waste materials placed for collection, subparagraph (O) will apply.
(F)(RESERVED.)
(G)Corrugated paper and other container board will not be picked up except by a special collection
according to a schedule set by the City and only if crushed and tied in bundles not to exceed fifty (50)
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pounds in weight.
(H)Ashes shall be placed in plastic bags not less than two (2) mil thickness. No more than twenty-five
(25) pounds of ashes shall be placed in each bag.
(I)Animal feces shall be properly disposed of by wrapping in paper, then placing it in a suitable plastic
disposable container.
(J)Stones, concrete, dirt, tires, batteries, antifreeze, medical waste, hazardous substance, and
automotive engine waste oil are not allowed in the solid waste stream and will not be picked up.
Any container with such prohibited materials will not be picked up.
(1)Disposal of automotive engine waste oil, which shall be free of all contaminants, solvents,
hazardous materials, etc., shall be permitted at City-designated collection sites. No person
residing outside the City limits shall bring into the City and dispose at any City-designated
collection site any automotive engine waste oil.
(a)As used in this section: automotive engine oil means any oil to be used in the engine
or crankcase of a motor vehicle; engine waste oil means automotive engine oil after
it is used and removed from the engine or crankcase of a motor vehicle but before
that oil is recycled; motor vehicle means any vehicle propelled by an internal
combustion engine and includes any automobile, truck, bus, motorcycle, snowmobile
or vehicle which travels on or off roads or highways.
(2)Lead Acid Batteries/Waste Tires shall be taken to a vendor or other establishment capable
of properly processing these items. A list of vendors or other establishments shall be
established and made available to the public through the office of the Assistant
Superintendent of Streets and Sanitation.
(K) Yard waste, except brush, shall not be allowed in the solid waste stream and will not be collected.
Such waste shall be deposited only at the City-designated collection site. Such waste shall be
deposited loose and only during the hours posted at the collection site. The collection sitemay be
used after purchasing a permit for the yearly fee established by the common council as part of the
budget process. Brush may be set out for collection once per month, provided it is prepared for
collection as outlined in this Chapter, and may also be deposited at the City-designated collection
site as yard waste. Twigs and hedge trimmings may be set out for collection at the same time as
brush collection provided that such items are placed within biodegradable paper bags. Yard waste
which is brought to the drop off center shall not exceed six (6) inches in diameter and/or six (6) feet
in length. All yard waste being transported to the drop off center must be properly secured with a
tarp. The deposit of stumps, stones and dirt shall be prohibited at the drop off center. Commercial
trimmers and haulers shall be prohibited from using the drop off center.
(L) (1) Appliances and other items containing metal which include but are not limited to engines, car
parts, swing sets, piping, springs, lawn mowers, bicycles, which require special arrangements for
pick-up must be kept separate from all other solid waste. No person, property owner, or occupant
or person in charge of the property shall place such items for pick-up and disposal by the City unless
the person has previously arranged for a special pick-up of such items by payment in person to the
City Treasurer at City Hall of a $23.00 per appliance and $13.00 per item for other metal containing
items.
(2) Large items, which include but are not limited to: mattresses, box springs, hide-a-beds,
upholstered furniture such as couches, davenports, love seats, recliners, chairs; kitchen and dining
room tables; televisions (20 inches or larger); desks; entertainment centers and other entertainment
consoles; dressers, vanities, chest-of-drawers and similar furniture; head boards, and objects larger
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than three-foot by three-foot by three-foot, which require special arrangements for pick-up must be
kept separate from all other solid waste. No person, property owner, or occupant or person in
charge of the property shall place such items for pick-up and disposal by the City unless the person
has previously arranged for a special pick-up of such items by payment in person to the City
Treasurer at City Hall of $10.00 per item, $50.00 cap per pick-up.
(M)The owners of the collection containers shall keep them clean and in a sanitary condition.
Maintenance and repair of all containers shall be the responsibility of the owner.
(N)The owner of the property shall be responsible for maintaining the recyclable area. The owner shall
keep the area free of any junk, litter, debris or other condition. If other materials are mixed with
recyclable materials in a dumpster or otherwise, the material shall be tagged and left on site. The
owner of the property shall be responsible to either dispose of the materials or to separate the
materials into recyclable and non-recyclable materials for proper pickup at the next scheduled pickup
date.
(O)If solid waste or recyclable materials are not prepared according to the provisions of this Chapter,
or are not placed in suitable containers or location or if a container is damaged, employees of the
Sanitation Section shall "tag" these containers and pick-up shall not be made until the condition is
remedied in compliance with this ordinance.
SECTION 23-10Responsibilities of Owners or Designated Agents of Multiple Dwelling Structures
(1) Owners or designated agents of multiple dwelling structures shall do all of the following in
compliance with this ordinance:
(a) Provide adequate, separate containers for the recyclable materials;
(b)educate all tenants as to the requirements of this chapter. The owner shall be
responsible to notify tenants initially upon move-in and semi-annually thereafter of the
requirements of this ordinance.
(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 (1) 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 23-3 from solid waste
in as pure a form as is technically feasible.
(3)The owner of rental property shall be responsible for violations of this chapter occurring on
rental property.
SECTION 23-11Responsibilities of 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 in compliance with this ordinance:
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(a)Provide adequate, separate containers for the recyclable materials;
(b)educate all tenants as to the requirements of this chapter. The owner shall be
responsible to notify tenants initially upon move-in and semi-annually thereafter of the
requirements of this ordinance.
(c)if collection is not provided by the City, 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 (1) 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 23-3 from solid waste
in as pure a form as is technically feasible.
(3)The owner of rental property shall be responsible for violations of this chapter occurring on
rental property.
SECTION 23-12Littering Prohibited.
(A)No person shall throw, place or deposit any garbage or rubbish in any street, alley, public place, or
private property within the city limits except in garbage containers or in rubbish containers as herein
provided.
(B)No person shall throw, place or deposit any garbage or rubbish in any garbage containers or rubbish
containers not owned by them without permission or authorization of the owner of those containers.
SECTION 23-13Reserved
SECTION 23-14Reporting Requirements.
Where solid waste is privately collected, it shall be the responsibility of the property owner to keep records
of its disposal, including the identification of the collector, the amount of solid waste collected, the amount
or percentage of recyclables collected, and disposal site.
Where recyclable materials are privately collected, it shall be the responsibility of the owner to assure that
recyclable materials are properly delivered to a recycling processing facility or end user of recyclables and
to keep all records as needed to document and otherwise comply with state and local regulations.
All records required to be kept under this chapter shall be provided to the Director of Public Works on an
annual basis, on or before February 15th each year.
SECTION 23-15Non-Resident Refuse Disposal Prohibited
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(A)No person residing outside the City limits shall bring into the City for disposal any garbage, rubbish
or other items of a combustible or noncombustible nature.
(B)Any person violating the provisions of this Section shall be assessed the actual costs incurred by the
City of proper disposal together with an administrative charge of $25.00 for each disposal. The
imposition and collection of any forfeiture prescribed by this Chapter shall not bar the right of the City
to collect the costs of disposal as herein provided.
SECTION 23-16Inspection Authority
For the purpose of ascertaining compliance with the provisions of this ordinance, any authorized officer,
employee or representative of the City of Oshkosh may inspect recyclable materials 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 representative of the City
of Oshkosh who requests access for purposes of inspection, and who presents appropriate credentials. No
person may obstruct, hamper, or interfere with such an inspection.
SECTION 23-17Dumping Grounds Regulations
The Police Department, through its Chief, and the Public Works Department, through its Director, acting in
concert, shall regulate the dumping, depositing, or placing of trash, brush, yard waste, or any other solid
waste or recyclables on and within any land or place within the City. Any land or place designated as
dumping grounds, or drop off site for any material including recyclables shall be published by the erection
of signs in conspicuous places on such grounds, containing suitable instructions to the public.
SECTION 23-18Penalties
Any person who shall violate any of the provisions of this Chapter or of any Section thereof, shall, upon
conviction thereof, be punished by the forfeitures set forth, together with the costs of prosecution, and in
default of payment thereof, by imprisonment in the County Jail for a period not to exceed sixty (60) days.
Each violation shall constitute a separate offense.
(a) Any person who shall violate any of the provisions of this Chapter or of any Section thereof,
shall, upon conviction thereof, be punished by a forfeiture of not less than $75.00 nor more
than $1000.00.
(b) Any person age 16 and under who shall violate any of the provisions of this Chapter or of any
Section thereof, shall, upon conviction thereof, be punished by a forfeiture of not less than
$50.00 nor more than $1000.00.
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