Town of Cedarburg, WI
Ozaukee County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[Adopted 1-2-1991 as Title 5, Ch. 3 of the 1991 Code]

§ 273-13 Title.

The title of this article shall be "Recycling Ordinance for the Town of Cedarburg," a municipality located in Ozaukee County, Wisconsin.

§ 273-14 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.

§ 273-15 Statutory authority.

This article is adopted as authorized under § 287.09, Wis. Stats., and §§ NR 544.04(2) and NR 544.06, Wis. Adm. Code.

§ 273-16 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.

§ 273-17 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 provision of this article is unclear, the provision shall be interpreted in light of the Wisconsin Statutes and the Ch. 544, Wis. Adm. Code, 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.

§ 273-18 Applicability.

[Amended 5-6-2009 by Ord. No. 2009-10; 12-3-2014 by Ord. No. 2014-16]
The requirements of this article apply to all persons within the Town of Cedarburg.

§ 273-19 Administration.

The provisions of this article shall be administered by the Town Administrator of the Town of Cedarburg.

§ 273-20 Definitions.

For the purpose of this article, the following terms shall have the meaning indicated:
BIMETAL CONTAINER
A container for carbonated or malt 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.
DROPOFF COLLECTION
A system for collecting recyclable materials in which the recyclable materials are taken by individuals to designated collection sites and deposited into designated containers from which the recyclable materials are processed and marketed.
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.
HAULER
A person, firm, partnership or corporation that collects solid waste or recyclables for storage, treatment, processing, marketing or disposal in the Town of Cedarburg.
HDPE
High-density polyethylene, labeled by the SPI Code No. 2.
LDPE
Low-density polyethylene, labeled by the SPI Code No. 3.
MAGAZINES
Magazines and other materials printed on similar glossy paper.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven with capacitor, oven, refrigerator, stove, residential and commercial furnace, boiler, dehumidifier, and water heater.
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 resin labeled by the SPI Code No. 7.
PERSON
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; 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; bimetal containers, and consumer electronics.[1]
[Amended 12-1-2010 by Ord. No. 2010-17]
RESIDENTIAL UNIT
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, resorts or bed-and-breakfasts.
[Added 12-3-2014 by Ord. No. 2014-16]
SOLID WASTE
The meaning specified in § 289.01(33), Wis. Stats.
SOLID WASTE FACILITY
The meaning specified in § 289.01(35), Wis. Stats.
SOLID WASTE TREATMENT
Any method, technique or process which is designed to change the physical, chemical or biological character or composition of solid waste. "Treatment" includes incineration.
TOWN
As used herein, refers specifically to the Town of Cedarburg, Ozaukee County, Wisconsin, or its Town Board, its designee, or assignee.
[Amended 12-3-2014 by Ord. No. 2014-16]
WASTE TIRE
A tire that is no longer suitable for its original purpose because of wear, damage or defect.
YARD WASTE
Leaves, grass clippings, and yard and garden debris. This term does not include brush, stumps, roots or shrubs with intact root balls.
[Amended 10-4-2006 by Ord. No. 2006-11]
[1]
Editor's Note: The former definition of "recycling center," which immediately followed this definition, was repealed 12-3-2014 by Ord. No. 2014-16.

§ 273-21 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.
D. 
Yard waste.
E. 
Aluminum containers.
F. 
Bimetal containers.
G. 
Corrugated paper or other container board.
H. 
Glass containers.
[Amended 12-1-2010 by Ord. No. 2010-17]
I. 
Phone books.
[Amended 12-1-2010 by Ord. No. 2010-17]
J. 
Magazines.
K. 
Newspaper.
L. 
Office paper.
M. 
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins.
N. 
Steel containers.
O. 
Waste tires.
P. 
Consumer electronics.
[Added 12-1-2010 by Ord. No. 2010-17]

§ 273-22 Exemptions.

The separation requirements of § 273-21 do not apply to the following:
A. 
Occupants of properties that take or send their post-consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 273-21 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 § 273-21A 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.

§ 273-23 Care of separated recyclable materials.

[Amended 12-3-2014 by Ord. No. 2014-16]
To the greatest extent practicable, the recyclable materials separated in accordance with § 273-21, whether brought to Town of Cedarburg Recycling Center or recycled curbside by an individual or hauler, 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. Prior to curbside collection, recyclable materials shall be stored in a manner which protects them from wind, rain and other inclement weather conditions, so as to maintain their marketability and value.

§ 273-24 Lead acid batteries, major appliances, waste oil and yard waste.

[Amended 10-4-2006 by Ord. No. 2006-11; 12-1-2010 by Ord. No. 2010-17; 12-3-2014 by Ord. No. 2014-16]
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties, subject to Town recycling rules, may manage lead acid batteries, major appliances, waste oil, and yard waste as follows:
A. 
Lead acid batteries may be delivered to the Town Yard.
B. 
Couches, furniture and other non-metal bulky items may be picked up by the Town by special pickup as described in § 273-6A(6).
C. 
Major appliances and other metal items may be picked up by the Town for a special pickup fee as set forth in § 273-6A(6). Subject to Town recycling rules, nonhazardous metal items may be dropped off at the Town of Cedarburg dropoff area.
D. 
Waste oil may be delivered to the Town of Cedarburg dropoff area and placed in the site specifically designated therefor.
E. 
Yard waste shall be delivered to the Town of Cedarburg dropoff area and placed in the site specifically designated therefor.

§ 273-25 Preparation and collection of recyclable materials.

[Amended 10-4-2006 by Ord. No. 2006-11; 12-1-2010 by Ord. No. 2010-17; 12-3-2014 by Ord. No. 2014-16]
A. 
Preparation and collection. Of the recyclable materials required to be separated under § 273-21A through P, the following recyclable materials shall be collected for residential units at the curbside adjacent to the residence owned or occupied by the person, of the street designated in the published collection schedule for collection, by the Town or by an authorized licensed hauler.
(1) 
Aluminum containers: rinse thoroughly and dry.
(2) 
Bimetal containers: rinse thoroughly and dry.
(3) 
Corrugated paper or other container board shall be free of debris.
(4) 
Glass containers: wash and rinse.
(5) 
Phone books.
(6) 
Magazines.
(7) 
Newspaper.
(8) 
Office paper.
(9) 
Rigid plastic containers:
(a) 
Plastic containers made of PETE shall be rinsed free of product residue, and caps shall be removed and discarded, including milk jugs and detergent bottles.
(b) 
Plastic containers made of HDPE shall be free of product residue.
(c) 
Plastic containers made of PVC shall be free of product residue.
(d) 
Plastic containers made of LDPE shall be free of product residue.
(e) 
Plastic containers made of PP shall be free of product residue.
(f) 
Plastic containers made of PS shall be free of product residue.
(g) 
Plastic containers made of other resins or multiple resins shall be free of product residue.
(10) 
Steel containers shall be rinsed free of product residue.
B. 
Other uncollectable recyclables. Subject to Town recycling rules, waste tires may be delivered to the designated Town of Cedarburg dropoff area for a per-tire disposal fee as set forth in the Town Fee Schedule.[1] Subject to Town recycling rules, consumer electronics may be recycled during Town recycling events at the designated dropoff area.
[1]
Editor's Note: The Fee Schedule is on file in the Town offices.
C. 
Recycling collection fee. As authorized by § 66.0405, Wis. Stats., there is hereby created a residential collection district for a specified classification of residential properties defined as a "residential unit" in § 273-20.
(1) 
Residential units shall be assessed a special charge as authorized by § 66.0627, Wis. Stats., and Town Code § 10-12, which shall be referred to as a residential recycling collection fee.
(a) 
The amount of the special charge for the residential recycling collection fee shall be $42 or any updated amount approved by the Town Board as listed in the Town's Fee Schedule. Such residential recycling collection fee shall be made payable by insertion of the special charge on the tax roll for all residential properties.
(b) 
If a parcel of real property contains multiple residential units, such parcel shall be imposed a special charge for each residential unit on such parcel.
(c) 
The special charge for the residential recycling collection fee shall be included as a special charge on the tax bills sent out in December and shall be due and payable in full at the time set for payment on the first installment of the real estate property tax. The special charge for residential recycling collection shall not be payable in installments. If the special charge is not paid within the period fixed by this ordinance, then such special charge shall be deemed delinquent and shall be extended upon the current tax roll as delinquent tax against the property and all proceedings in relation to the collection return and sale of property for delinquent real estate taxes shall apply to such special charge, except as otherwise provided by Wisconsin Statute.
(2) 
Whenever a residential property or a residential unit is established and that residential property and/or unit had not been included in the special charge imposed on the real estate tax bill for such parcel, the Town Clerk shall charge by sending an invoice of the expense of recycling collection to said property.
(a) 
The said invoice shall be due and payable within 60 days of date of invoice. The invoice shall not be payable in installments. If the invoice is not paid within the period fixed by this ordinance, then such special charge shall be deemed delinquent and shall be extended upon the current tax roll as delinquent tax against the property and all proceedings in relation to the collection return and sale of property for delinquent real estate taxes shall apply to such special charge, except as otherwise provided by Wisconsin Statute.

§ 273-26 Multiple-family dwellings.

A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 273-21A through O:
(1) 
Notify tenants in writing at the time of renting or leasing the dwelling and at least semiannually thereafter about the established recycling program.
(2) 
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 § 273-21A through O in as pure a form as is technically feasible.

§ 273-27 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 § 273-21A through O:
(1) 
Notify in writing, at least semiannually, all users, tenants and occupants of the properties about the established recycling program.
(2) 
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 name, address and telephone number.
B. 
The requirements specified in Subsection A 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 material specified in § 273-21A through O from solid waste in as pure a form as is technically feasible.
C. 
A person in the Town owning or occupying a new nonresidential building or a building that is remodeled or expanded by 50% or more in floor area shall provide a designated enclosed area of a design approved by the Town Board for the separation, temporary storage and collection of solid waste and recyclables either within or adjacent to the building.
[Amended 10-4-2006 by Ord. No. 2006-11]

§ 273-28 Haulers.

A. 
Haulers who collect solid waste or recyclables in the Town of Cedarburg for storage, treatment, processing, marketing or disposal shall obtain and maintain all necessary municipal or state permits, licenses and approvals prior to collecting any materials in the Town of Cedarburg.
B. 
The hauler or Town has the right to reject or leave at the curb any recyclable material that is not prepared according to the specifications in this article. Materials may also be left if not separated from solid waste, not placed in the proper container, or not designated recyclable materials for collection. The hauler or Town also has the right to refuse to pick up any solid waste if it contains recyclable containers and material. In such cases, the hauler or attendant shall notify the generator of the materials about the reasons for rejecting the items. The hauler shall also keep a list of such occurrences and provide it to the Town of Cedarburg quarterly.
C. 
The recycling haulers and processors operating in the Town of Cedarburg are required to maintain records and report in writing to the Town of Cedarburg Clerk or other designee at least twice each year. Reports shall include the amount of solid waste and recyclables collected and transported from the Town of Cedarburg. Failure to report shall be cause for the municipality to revoke any license or sever any contract with the hauler/processor.
[Amended 10-4-2006 by Ord. No. 2006-11]
D. 
Haulers may not dispose in a landfill or burn in a solid waste facility any recyclable materials generated in the Town of Cedarburg that have been separated for recycling.

§ 273-29 Burning and dumping.

A. 
Burning.
(1) 
It shall be unlawful to burn or bury solid waste and recyclables by residential and nonresidential sectors and at construction sites, except open burning shall be permitted of clean wood (defined as any wood that has not been chemically treated in any way) and paper products and diseased vegetation, such as but not limited to anthracnose, to control the spread of such vegetation.
(2) 
Burning of any material is not permitted on a construction site until an occupancy permit has been issued for the building being constructed.
[Amended 7-5-2000 by Ord. No. 2000-17]
B. 
Dumping.
(1) 
It shall be unlawful for any person to dispose of or dump garbage in any street, alley or other public place within the Town of Cedarburg or in any receptacles or on private property without the owner's consent and unless it is placed in bags or containers in the manner and at the times specified by this article or any other Town ordinance.
(2) 
No person shall place for collection any garbage at the roadside of a residential or nonresidential property not owned or occupied by such person.
[Amended 10-4-2006 by Ord. No. 2006-11]

§ 273-30 Ownership of recyclable materials and refuse.

[Amended 10-4-2006 by Ord. No. 2006-11; 12-1-2010 by Ord. No. 2010-17; 12-3-2014 by Ord. No. 2014-16]
Upon placement of a cart for curbside collection or at a designated dropoff area, any permitted recyclable and/or refuse contents become the property of the Town of Cedarburg. Recyclable materials, upon collection by any permitted collector, become the property of the contractor for the Town. The scavenging and removal of recyclables in the Town Yard shall not be permitted.

§ 273-31 Rights reserved by Town.

The Town of Cedarburg reserves the right to designate additional solid waste materials as recyclable or current materials as no longer recyclable in accordance with state law and to either add or delete them from any collection services provided by the municipality or its contractors. The municipality shall provide written notice to its service recipients of this declaration.

§ 273-32 Collection of recyclables; schedule.

[Amended 10-4-2006 by Ord. No. 2006-11; 12-3-2014 by Ord. No. 2014-16]
Recycling containers shall be placed out for collection according to the scheduled days established and published by the Town in the Town's recycling rules. The Town of Cedarburg shall establish hours of operation of the Town Yard dropoff area and shall publish and provide written notice of such hours at least once in the spring and fall of each year and at any time when hours of operation are changed.

§ 273-33 Limitations on disposal of recyclable material.

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 § 273-23A through O which have been separated for recycling, unless to conform to changes made per § 273-31 above, except waste tires may be burned with energy recovery in a solid waste treatment facility.

§ 273-34 Inspections; violations and penalties.

A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or designated representative of the Town of Cedarburg 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 designated representative of the Town of Cedarburg 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 Town Administrator or a Constable at his discretion to collect forfeitures. The issuance of a citation shall not preclude proceeding under any other ordinance or law relating to the same or 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 § 273-33 may be required to forfeit $50 for the 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 § 273-33 may be required to forfeit not less than $10 nor more than $1,000 for each violation.