[HISTORY: Adopted by the Village Board of the Village of
Kimberly 10-3-1988 as Title 8, Ch. 3, of the 1988 Code. Amendments noted where applicable.]
This chapter shall be known as the "Solid Waste Management Ordinance
of the Village of Kimberly," hereinafter referred to as "this chapter."
A.
It is hereby declared to be the purpose and intent of this chapter
to enhance and improve the environment and promote the health, safety
and welfare of the Village by establishing minimum standards for the
storage, collection, transport, processing, separation, recovery and
disposal of solid waste.
B.
The Street Commissioner is authorized to establish and enforce such
rules and regulations deemed necessary for refuse collection and storage.
For the purpose of this chapter, the following words and phrases
shall have the meanings given herein unless different meanings are
clearly indicated by the context:
An establishment engaged in the rearing and slaughtering
of animals and the processing of animal products or orchard and field
crops.
Bulky items whose large size precludes or complicates their
handling by normal collection, processing or disposal methods. In
general, bulky items are those items which are too large to be placed
in a disposal polycart. Bulky items do not include white goods or
building materials.
Bulky items, such as couches, chairs, televisions, mattresses
(rolled and tied) and carpet (cut and tied in four-foot lengths),
but excluding dirt, stone, concrete, plaster and all other building
materials.
All property other than residential units and shall include
boardinghouses, motels and resorts.
The back edge or curb and gutter along a paved street or
where one would be if the street was paved and had curb and gutter.
That portion of solid waste consisting of waste from the
repair, remodeling or reconstruction of buildings, such as lumber,
roofing and sheathing scraps, rubble, broken concrete, asphalt and
plaster, conduit, pipe, wire, insulation and any other materials resulting
from the demolition of buildings and improvements.
The orderly process of discarding useless or unwanted material.
A place of habitation occupied by a normal single-family
unit or a combination of persons who may be considered as equivalent
to a single-family unit for purposes of this chapter.
Includes every refuse accumulation of animal, fruit or vegetable
matter, liquid or otherwise, that attends the preparation, use, cooking,
dealing in, or storing of meat, fish, fowl, fruit or vegetables originally
used for foodstuffs.
Those wastes such as toxic, radioactive or pathogenic substances
which require special handling to avoid illness or injury to persons
or damage to property and the environment.
Waste material, except garbage, rubbish and refuse, directly
or indirectly resulting from an industrial processing or manufacturing
operation.
Solid waste scattered about in a careless manner, especially
rubbish.
Individuals, firms, corporations and associations, and includes
the plural as well as the singular.
Waste material that can be remanufactured into usable products
and shall include, by way of enumeration but not by way of limitation,
glass, plastics, newspapers, cardboard and metals (aluminum, steel,
tin, brass, etc.).
Combustible and noncombustible material, including, but not
limited to, trash, rubbish, wood, glass, plastic, rubber, cloth, ashes
and yard litter; mattresses rolled and tied; large furniture; and
carpeting (rolled and tied in widths no larger than four feet).
All solid waste that normally originates in a residential
environment from residential dwelling units.
An individual household capable of independent habitation
by a family unit. A single-family dwelling shall be considered to
be one residential unit; a multifamily dwelling shall be considered
to be multiple residential units, the number of residential units
to equal the number of family units to be housed therein. Residential
units shall not include boardinghouses, motels or resorts. For the
purpose of this chapter, any housing building with four or fewer residential
units shall fall into this category.
Worthless, useless or unwanted matter, not to include rocks,
concrete, bricks, dirt or similar materials and recyclable waste as
defined in this section.
[Amended 3-5-2012 by Ord.
No. 3-2012]
The uncontrolled removal of materials at any point in solid
waste management.
Garbage and refuse as defined above and all other discarded
or salvageable material, but not including rubbish as defined above
or solid or dissolved material in wastewater effluent or other common
pollutants.
The interim containment of solid waste in an approved manner
after generation until collection and ultimate disposal.
Areas where persons place containers during noncollection
days as well as areas where containers are set out on collection days.
Stoves, refrigerators, washers, dryers, water heaters, humidifiers,
swing sets, clothesline poles, dehumidifiers, air conditioners and
similar such items and large appliances.
[Amended 12-15-2014 by Ord. No. 9-2014; 1-19-2015 by Ord. No. 2-2015]
A.
Storage
areas shall be kept in a nuisance- and odor-free condition. Litter
shall not be allowed to accumulate. Collection crews will not be responsible
for cleaning up loose material from any container which has become
ruptured or broken due to wet conditions, animals, vandalism or other
cause. The occupant and/or owner shall be responsible for cleaning
up this litter. Litter not collected shall not be allowed to accumulate.
Violation will result in the occupant and/or owner being notified
to clean up his/her area; continued violations will result in the
owner being additionally prosecuted under the provisions of this and
other Village ordinances. If the owner or occupant fails to do so,
the same shall be done by the Village under the direction of the Health
Officer or Street Commissioner, and the expense thereof shall be charged
against the premises and become a lien against the same and be included
as a special charge/assessment against the property.
B.
Containers
must be of appropriate size as to contain all refuse and recycling
waste while keeping the lid fully closed. Larger containers may need
to be supplied in high use settings to maintain compliance with this
section. Refuse and recycling waste pickup must be at a minimum biweekly.
Containers must be kept in an acceptable condition considering damage,
discoloration, and what would be unsightly to the neighborhood; or
containers must be kept in a physically and visually enclosed area.
Containers must be kept a minimum of 20 feet from a public street
right-of-way, unless enclosed as set forth herein. The Zoning Administrator
has the authority to vary from this chapter as circumstances may require.
A.
General container standards. The Village of Kimberly shall provide
owners of a residential unit premises one polycart for each premises.
Only polycarts are permitted containers for solid waste collections
for single-family residences. Polycarts shall be maintained in a nuisance-
and odor-free condition and shall be sufficient to prevent the scattering
of contents by weather conditions or animals.
B.
Other approved containers. Other containers for multifamily residential
units (such as dumpsters) may be used with the express approval of
the Street Commissioner or such other official designated by the Village.
C.
Householder to provide containers. It shall be the duty of the Village
of Kimberly to provide one polycart to each residential unit. It shall
be the duty of every occupant, tenant and proprietor of any residential
unit to provide, and at all times keep in a suitable place readily
accessible to the garbage collector, polycart containers capable of
holding all garbage which would ordinarily accumulate on such premises
between the times of successive collections. The owner of any multiple
dwelling shall furnish or require the tenant thereof to furnish a
proper polycart container. Polycart containers located at multiple
dwellings shall be marked so as to indicate the residential unit to
which they belong.
D.
Ashes. Cold, completely extinguished ashes may be left for collection
in cardboard containers and set inside a polycart.
E.
Dumpsters.
(1)
Mechanical dumpster containers may be required. The Street Commissioner
or the persons designated by the Village to regulate disposal of materials
under this chapter may require and direct that the container device
known as a mechanical "dumpster" be used by commercial units and by
the owners of multifamily residential units. Only refuse in Village-approved
dumpsters will be collected.
(2)
All mechanical dumpsters shall be set on a hard-surface pad, concrete
or blacktop, with at least four of the dumpster's casters to
be swivels. Mechanical dumpsters are the property owner's responsibility.
F.
Illegal containers. All containers other than polycarts or approved
dumpsters are deemed to be illegal containers.
A.
Placement for collection.
(1)
Residential solid waste shall be accessible to collection crews.
Residential solid waste in approved containers shall be placed immediately
behind the curb of the public street or driveway apron for collection.
Yard and bulky wastes from residential units shall likewise be placed
in neat, orderly fashion behind the curb. During winter months, solid
waste shall not be placed on top of the snowbank, nor shall it be
placed in the roadway. The owner shall either shovel out an area behind
the curb in which to place his/her wastes or he/she shall place it
in his/her cleared driveway. Collection crews will not collect residential
waste unless it is placed at the curb of a public street. Residential
units shall bring their solid waste to the public right-of-way for
collection. Should collection crews be unable to discharge the contents
of polycarts into collection vehicles using normal handling procedures,
the polycarts, including their contents, will be left at curbside.
The owner shall make provisions to assure that the solid waste therein
can be collected on the next collection day. Collection crews will
not empty polycarts by means other than dumping.
(2)
Vehicles must be parked so as not to hinder locating or collecting
the refuse placed at the curb.
(3)
The Village of Kimberly will not be liable for damage to any property
where sanitation crews collect refuse from any location other than
the curb.
(4)
Business establishments shall provide access to collection sites.
All business establishments are responsible for their collection sites.
Those sites blocked by vehicles or other obstructions will not be
collected.
(5)
No polycarts or other containers for refuse other than those of the
Village shall be placed, kept, stored or located within the right-of-way
of a street or alley; provided, however, that the Village Board may
authorize the location of such containers within the public right-of-way
at specified places and times when such location is necessary for
the expeditious collection and disposition of refuse.
B.
Restriction on time of placement. All polycart containers for refuse and bulky waste shall be placed in collection locations as designated in Subsection A above by 6:00 a.m. on the day of collection, but not before 5:00 p.m. on the evenings prior to the regular collection time. All polycart containers for refuse and garbage disposal shall be removed from the curbside collection point within 24 hours after the regular collection time. Village employees or employees of licensed collectors will not enter any structures to remove garbage or refuse, except by written agreement with the property owner.
C.
Standards of service.
(1)
Residential solid waste. Residential solid waste shall be collected
once a week from single-family and multiple-family dwelling units
according to schedules established by the Street Commissioner.
(2)
Commercial and industrial solid waste.
(a)
"Commercial solid waste" shall be defined as that solid waste
resulting from commercial establishments.
(b)
Commercial solid waste at grandfathered establishments accumulating
less than six yards per week shall be collected once per week.
(c)
Commercial establishments accumulating in excess of six yards
per week shall be collected only if there is an agreement with the
Street Commissioner. Collections from establishments in excess of
six yards per week may be made in the discretion of the Street Commissioner
for a fee, the determination of which is within the discretion of
the Village Board.[1]
(d)
Additional or varied collections beyond those provided in this
subsection may be contracted for through a private hauler, properly
disposing of refuse pursuant to the laws of the State of Wisconsin.
(e)
The Village of Kimberly does not collect solid waste resulting
from the end product of manufacturing or large wholesale operations.
All collections in excess of the limit of six yards per week are subject
to the regulation of the Street Commissioner as set forth above.
D.
Collection of bulky items. Bulky items will be collected once a month,
on the residents' last collection day of the month. The Street
Commissioner or his/her designee will decide the collection day. Collection
crews will not collect bulky waste until it is at the curb of a public
street. Bulky items such as couches, chairs, televisions, mattresses
(rolled and tied) and carpeting (cut and tied in four-foot lengths),
but excluding dirt, stone, concrete, plaster and all other building
materials, shall be placed in neat, orderly fashion behind the curb.
E.
Collection of brush or tree limbs. Brush will be collected once a
month on the last day of residents' normal refuse collection
day schedule. Brush shall consist of branches longer than one foot
but not greater than six inches in diameter. Brush shorter than one
foot is considered yard waste and must be disposed of in accordance with the Village's yard
waste regulations. All brush and tree limbs must be piled neatly and
all in one direction; brush and tree limbs must be placed for collection
on the terrace by 7:00 a.m. of that day. Special brush collections
will be at the discretion of the Street Commissioner.
F.
Collection of white goods. White goods will be collected monthly
or as designated by the Street Commissioner or his/her designee. All
white goods shall be placed in a neat, orderly fashion behind the
curb of a public street. All white goods require a special sticker
in order to be picked up. The special collection sticker may be purchased
at the Village Complex or at the Street and Parks Department building.
The cost for a special collection sticker is $10 for items that do
not have refrigerants and $15 for those items that contain refrigerants.
A.
Dead animals. It shall be unlawful to place any dead animal, or parts
thereof, in a container for collection; provided, however, this subsection
shall not apply to animal parts from food preparation for human consumption.
B.
Undrained food wastes. It shall be unlawful to place any garbage
or other food wastes in a container for collection unless it is first
drained and wrapped.
D.
Improper placement.
(1)
It shall be unlawful to place, or allow to be placed, any solid waste
upon the roads, streets, public or private property within the Village
contrary to the provisions of this chapter.
(2)
No person shall deposit, throw or place any garbage, rubbish, dead
animal refuse or other matter offensive to health, sight or comfort
along or within any public street, alley, park, sidewalk or any other
public place within the Village of Kimberly.
(3)
No person shall deposit, throw, place or leave any garbage, rubbish,
refuse or solid waste as defined in this chapter or other dead animal
refuse or decaying matter offensive to the health, sight or comfort
on or within any private property or premises, whether owned, kept
or controlled by such person or not, unless and except placed in cans,
tanks or containers and stored as provided in this chapter.
E.
Compliance with chapter. It shall be unlawful to store, collect,
transport, transfer, recover, incinerate or dispose of any solid waste
within the boundaries of the Village contrary to the provisions of
this chapter.
F.
Improper transportation. It shall be unlawful to transport any solid
waste in any vehicle which permits the contents to blow, sift, leak
or fall therefrom. If spillage does occur, the collection crew shall
immediately return spilled materials to the collection vehicle and
properly clean, or have cleaned, the area. All vehicles used for the
collection and transportation of solid waste shall be durable, easily
cleanable and leakproof, if necessary, considering the type of waste
and its moisture content. Collection vehicles shall be cleaned frequently
to prevent nuisances and insect breeding and shall be maintained in
good repair.
G.
Interference with authorized collector. No person other than an authorized
collector shall collect or interfere with any garbage after it has
been put into a garbage receptacle and deposited in the proper place
for the collector, nor shall any unauthorized person molest, hinder,
delay or in any manner interfere with an authorized garbage collector
in the discharge of his/her duties.
H.
Scavenging. It shall be unlawful for any person to scavenge any solid
waste placed for collection.
I.
Private dumps. It shall be unlawful for any person to use or operate
a dump.
J.
Burning of waste. It shall be unlawful for any person to burn solid
waste in any manner, except as provided elsewhere in this Code.
L.
Animal wastes. It shall be unlawful for any person to place undrained
animal wastes for collection. These wastes should be disposed of in
plastic bags, properly drained and wrapped.
[Amended 3-5-2012 by Ord.
No. 3-2012]
M.
Hospital wastes. It shall be unlawful for any person to place for
collection any pathogenic hospital wastes.
N.
Building waste. All waste resulting from remodeling, construction
or removal of a building, roadway or sidewalk shall be disposed of
by the owner, builder or contractor.
O.
Frozen refuse. Refuse frozen to a container shall not be collected.
P.
Waste oil. Oil may not be included with refuse but must be disposed
of at a designated recycling station located at the Village Garage.
[Amended 12-15-2014 by Ord. No. 9-2014; 1-19-2015 by Ord. No. 2-2015]
The accumulation or deposit of garbage, trash, recycling waste,
debris, or putrescible animal or vegetable matter in or upon any lot
or land or any public or private place within the Village which causes
the air or environment to become noxious, offensive, unsightly, or
to be in such a condition as to promote the breeding of flies, mosquitoes
or other insects, or to provide a habitat or breeding place for rodents
or other animals, or which otherwise becomes injurious to the public
health, is prohibited and declared to constitute a nuisance.
It is unlawful for any person, firm or corporation to place,
deposit or cause to be deposited for collection any waste or refuse
not generated within the corporate limits of the Village of Kimberly.
A.
COLLECTOR
GARBAGE
NONRECYCLABLE MATERIAL
RECYCLABLE MATERIAL
Definitions. As used in this section, the following terms shall have
the meanings indicated:
The person or persons specifically authorized by the Village
Board to collect garbage, rubbish and recyclable materials, and dispose
of the same.
As defined in § 418-3.
Motor oil containers, light bulbs, window glass, ceramics
and china, disposable diapers, mirrors, Pyrex®, lead-acid batteries,
household batteries and No. 3 through No. 7 plastics.
Co-mingled materials which may include tin cans, bimetal
cans, aluminum cans, glass containers (clear, brown and green), HDPE
plastic liquid containers (No. 2 plastic, colored or clear), PET plastic
liquid containers (No. 1 plastic, colored or clear), mixed paper and
cardboard.
B.
Curb collection. Except where otherwise provided herein, all other
residential garbage and recyclable material shall be placed on the
curb or alley line for pickup not more than 12 hours before the collection
date and must be removed from the curb or alley line not later than
24 hours following collection. All materials must be placed at the
curbline or alley line by 6:00 a.m. on the scheduled day of collection.
C.
Method of separation and collection.
D.
Recyclable material property of the designated responsible unit.
All recyclable material collected and deposited as provided in this
section shall be the property of the designated responsible unit,
with collection by contract.
E.
Scavenging. It shall be unlawful for any person or firm, other than
the contracted collector, to scavenge through or remove recyclables
placed for collection.
F.
Penalty. The penalty for the violation of this section shall be a
forfeiture of not less than $20 nor more than $50, together with the
costs of prosecution.
