City of Lancaster, WI
Grant County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Common Council of the City of Lancaster as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 251.
[Adopted 8-15-2005 by Ord. No. 2005-06 as §§ 11.04 and 11.20 of the 2005 Code]

§ 414-1 Exposure of garbage and unwholesome matter.

No person shall place, throw, permit to flow or leave any slop, dirty water or other liquid of offensive smell or otherwise nauseous or unwholesome, or any dead carcass, carrion, meat, fish, entrails, manure or other rubbish, or any ashes, garbage, dirt, paper or refuse of any kind or description in or upon any street, gutter, sidewalk, alley, public ground or upon any lot or lands in the City, nor shall any putrid or decaying matter be kept in a house, cellar or adjoining outbuilding for more than 24 hours, except in receptacles and in the manner as in this article provided.

§ 414-2 Method of disposal; receptacles.

Each householder or other person, restaurant or other place of business having garbage or other refuse mentioned in this article to dispose of, which does not otherwise provide for its disposal in a sanitary manner, shall dispose of such garbage or refuse as follows:
A. 
Garbage. All garbage, offal and decaying matter shall be wrapped and placed in watertight metal receptacles not exceeding 15 gallons in capacity provided with a fly-tight and watertight cover; such receptacles shall be placed at a convenient point on the premises most accessible to the person collecting the garbage, and no person shall put anything but animal or vegetable matter in such receptacles.
B. 
Ashes, tin cans, bottles, etc. Ashes, tin cans, bottles and other rubbish of a similar nature, except for materials which are recyclable, shall be placed in the rear of the premises in any receptacle which shall be securely covered, and such receptacle may be placed in streets and alleys shortly before the contents are collected for disposal.
C. 
Disturbance of garbage receptacles prohibited. No person shall, in any manner, disturb, remove or aid in disturbing or removing any garbage, nauseous substance, ashes, rubbish or refuse after the same has been deposited in containers, or otherwise been placed or set aside for collection or removal.

§ 414-3 Violations and penalties.

Any person who shall violate any of the provisions of this article shall, upon conviction of such violation, be subject to a penalty as provided in § 1-4 of this Municipal Code.
[Adopted 8-15-2005 by Ord. No. 2005-06 as § 11.08 of the 2005 Code]

§ 414-4 Purpose.

The purpose of this article is to promote recycling, composting, and resource recovery through the administration of an effective recycling program, as provided in § 287.11, Wis. Stats., and Ch. NR 544, Wis. Adm. Code.

§ 414-5 Statutory authority.

This article is adopted as authorized under § 287.09(2), Wis. Stats., and the City of Lancaster Common Council.

§ 414-6 Abrogation and greater restrictions.

It is not intended by this article to repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law. However, whenever this article imposes greater restrictions, the provisions of this article shall apply.

§ 414-7 Interpretation.

In their interpretation and application, the provisions of this article shall be held to be the minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes. Where any terms or requirements of this article may be inconsistent or conflicting, the more restrictive requirements or interpretation shall apply. Where a provision of this article is required by Wisconsin Statutes, or by a standard in Ch. NR 544, Wis. Adm. Code, and where the article provision is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. NR 544 standards in effect on the date of the adoption of this article, or in effect on the date of the most recent text amendment to this article.

§ 414-8 Applicability.

The requirements of this article apply to all persons within the City of Lancaster corporate limits.

§ 414-9 Administration.

The provisions of this article shall be administered by the Director of Public Works and the Common Council of the City of Lancaster.

§ 414-10 Effective date.

The provisions of this article shall take effect on January 1, 1995.

§ 414-11 Definitions.

For the purposes of this article, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container for food and/or beverages that is made primarily of a combination of steel and aluminum.
CONTAINER BOARD
Corrugated paperboard used in the manufacture of shipping containers and related products.
FOAM POLYSTYRENE PACKAGING
Packaging made primarily from foam polystyrene that satisfies one of the following criteria:
A. 
Is designed for serving food or beverages.
B. 
Consists of loose particles intended to fill space and cushion the packaged article in a shipping container.
C. 
Consists of rigid materials shaped to hold and cushion the packaged article in a shipping container.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 4.
MAGAZINES
Magazines and other materials printed on similar paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, furnace, boiler, dehumidifier, water heater or stove.
MULTIPLE-FAMILY DWELLING
A property containing five or more residential units, including those which are occupied seasonally.
NEWSPAPER
A newspaper and other materials printed on newsprint.
NONRESIDENTIAL FACILITIES AND PROPERTIES
Commercial, retail, industrial, institutional and governmental facilities and properties. This term does not include multiple-family dwellings.
OFFICE PAPER
High-grade printing and writing papers from offices in nonresidential facilities and properties. Printed white ledger and computer printout are examples of office paper generally accepted as high grade. This term does not include industrial process waste.
OTHER RESINS or MULTIPLE RESINS
Plastic resins labeled by the SPI Code No. 7.
PERSON
Includes any individual, corporation, partnership, association, local governmental unit, as defined in § 66.0131(1)(a), Wis. Stats., state agency or authority or federal agency.
PETE
Polyethylene terephthalate, labeled by the SPI Code No. 1.
PLASTIC CONTAINER
An individual, separate, rigid plastic bottle, can, jar or carton, except for a blister pack, that is originally used to contain a product that is the subject of a retail sale.
POST-CONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 291.01(7), Wis. Stats., waste from construction and demolition of structures, scrap automobiles, or high-volume industrial waste, as defined in § 289.01(17), Wis. Stats.
PP
Polypropylene, labeled by the SPI Code No. 5.
PS
Polystyrene, labeled by the SPI Code No. 6.
PVC
Polyvinyl chloride, labeled by the SPI Code No. 3.
RECYCLABLE MATERIALS
Includes lead acid batteries; major appliances; waste oil; yard waste; aluminum containers; corrugated paper or other container board; foam polystyrene packaging; glass containers; magazines; newspaper; office paper; rigid plastic containers, including those made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel containers; waste tires; and bimetal containers.
SOLID WASTE
Has the meaning specified in § 289.01(33), Stats.
SOLID WASTE FACILITY
Has the meaning specified in § 289.01(35), Stats.
SOLID WASTE TREATMENT
Any method, technique or process that is designed to change the physical, chemical or biological character or composition of solid waste. Treatment includes incineration.
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
Leaves, grass clippings, yard and garden debris and brush, including clean woody vegetative material no greater than six inches in diameter. This term does not include stumps, roots, or shrubs with intact root balls.

§ 414-12 Separation of recyclable materials.

Occupants of single-family and two- to four unit-residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from post consumer waste:
A. 
Lead acid batteries.
B. 
Major appliances.
C. 
Waste oil and antifreeze.
D. 
Yard waste.
E. 
Aluminum containers.
F. 
Bimetal containers.
G. 
Corrugated paper or other container board.
H. 
Foam polystyrene packaging.
I. 
Glass containers.
J. 
Magazines.
K. 
Newspaper.
L. 
Unsoiled paper, including but not limited to office paper, paperboard (cereal boxes, etc.), advertising circulars, junk mail, and other similar paper products.
M. 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.
N. 
Steel containers.
O. 
Waste tires.

§ 414-13 Separation requirements exempted.

The separation requirements of § 414-12 do not apply to the following:
A. 
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and 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 § 414-12 from solid waste in as pure a form as is technically feasible.
B. 
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 supplemental fuel.
C. 
A recyclable material specified in § 414-12E through O for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.

§ 414-14 Care of separated recyclable materials.

To the greatest extent practicable, the recyclable materials separated in accordance with § 414-12 shall be clean and kept free of contaminants, such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner that protects them from wind, rain, and other inclement weather conditions.

§ 414-15 Management of lead acid batteries, major appliances, waste oil and yard waste.

Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall manage lead acid batteries, major appliances, waste oil, and yard waste as follows:
A. 
Lead acid batteries shall be returned to retailers or placed besides recycling container for pickup no sooner than 24 hours before collection day.
B. 
Major appliances shall be collected on regular collection days and shall be placed at curbside no sooner than 48 hours before collection day.
C. 
Waste oil and antifreeze shall be placed beside recycling container on collection days and be free of solvents, gasoline and foreign materials, or taken to City waste collection site(s).
D. 
Yard and garden waste shall be placed in open containers or neatly placed off the roadway beside the curbs and separated from other refuse for scheduled pickup. The City-wide collection shall occur between May 3 and 7 and October 4 and 8. Individuals may also take their own yard and garden waste to the City compost site located near the wastewater treatment plant off South Madison Street. Branches, brush and tree trimmings are to be tied in bundles less than eight feet long and under 40 pounds. They are to be neatly stacked on the curb for pickup the first Monday of the month from April through September. Christmas trees shall be deposited by the curb, free from decorations and stands, for pickup. Specific times and dates for pickup shall be posted in the local newspaper.

§ 414-16 Preparation and collection of recyclable materials.

Except as otherwise directed by the Common Council of the City of Lancaster, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified as follows:
A. 
Aluminum containers shall be rinsed and flattened and placed in recycling container.
B. 
Bimetal containers shall be cleaned and placed in recycling container.
C. 
Corrugated paper or other container board shall be dry, flattened and/or bundled, unsoiled, and placed in or near recycling container.
D. 
Foam polystyrene packaging shall be in a clear bag or container and placed in recycling container.
E. 
Glass food and beverage containers shall be rinsed, unbroken with lids removed and placed in recycling container.
F. 
Magazines shall be dry, bagged or bundled and placed in recycling container.
G. 
Newspaper shall be dry, bagged or bundled and placed in recycling container.
H. 
Paper products shall be dry, clean, bagged and bundled and placed in or nearby recycling container. (If shredded, it shall be in clear bags and tied.)
I. 
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other resins or multiple resins, including all these mandated by the State of Wisconsin, shall be rinsed, caps removed and placed in recycling container.
[Amended 11-17-2014 by Ord. No. 2014-05]
J. 
Steel containers shall be cleaned and placed in recycling container.
K. 
Waste tires shall be collected on regular collection days and placed at curbside no sooner than 48 hours before collection day.

§ 414-17 Multiple-family dwellings.

A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 414-12E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
(3) 
Provide for the collection of the materials separated from the solid waste by the tenants and the delivery of the materials to a recycling facility.
(4) 
Notify tenants of reasons to reduce and recycle solid waste, which materials are collected, how to prepare the 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.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 414-12E through O from solid waste in as pure a form as is technically feasible.

§ 414-18 Nonresidential facilities and properties.

A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 414-12E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
(3) 
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.
(4) 
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.
B. 
The requirements specified in Subsection A of this section do not apply to the owners or designated agents of nonresidential 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 § 414-12E through O from solid waste in as pure a form as is technically feasible.

§ 414-19 Disposal of recyclable materials.

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 § 414-12E through O which have been separated for recycling, except waste tires may be burned with energy recovery in a solid waste treatment facility.

§ 414-20 Enforcement; violations and penalties.

A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the City of Lancaster 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 nonresidential 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 authorized representative of the City of Lancaster who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such an inspection.
B. 
Any person who violates a provision of this article may be issued a citation by the City of Lancaster to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or any other matter. Proceeding under any other ordinance or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
C. 
Penalties for violating this article may be assessed as follows:
(1) 
Any person who violates § 414-19 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
(2) 
Any person who violates a provision of this article, except § 414-19, may be required to forfeit not less than $10 nor more than $1,000 for each violation.