Village of Mazomanie, WI
Dane County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Village Board of the Village of Mazomanie 6-28-1988 as Title 6, Ch. 3 of the 1988 Code. Amendments noted where applicable.]
GENERAL REFERENCES
Open burning — See Ch. 181.
Nuisances — See Ch. 290.
Property maintenance — See Ch. 312.

§ 355-1 Title; collection service; administration.

A. 
Title. This chapter shall be known as the "Solid Waste Management Ordinance of the Village of Mazomanie, Wisconsin," hereinafter referred to as "this chapter."
B. 
Garbage and refuse collection service. All residential garbage and refuse collection service shall be provided by Village personnel or by private firms under contract with the Village.
C. 
Garbage and refuse collection generally. The collection, removal and disposal of refuse shall be conducted under the supervision, direction and control of the Chairman of the Public Works and Properties Committee in strict conformity with the provisions of this chapter and with such other rules and regulations as may be made by resolution of the Village Board or the Public Works and Properties Committee.[1]
[1]
Editor's Note: Throughout this chapter, references to the "Public Works and Property Committee" and "Tree, Clean-up and Recycling Committee" were amended to "Public Works and Properties Committee" at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 355-2 Purpose and intent.

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.

§ 355-3 Definitions.

For the purposes of this chapter, the following words and phrases shall have the meaning given herein unless different meanings are clearly indicated by the context:
AGRICULTURAL ESTABLISHMENT
An establishment engaged in the rearing and slaughtering of animals and the processing of animal products or orchard and field crops.
BULKY WASTE
Items whose large size precludes or complicates their handling by normal collection, processing or disposal methods.
COMMERCIAL UNIT
All property other than residential units, and shall include boardinghouses, motels and resorts.
CURB
The back edge of curb and gutter along a paved street or where one would be if the street were paved and had curb and gutter.
DEMOLITION WASTES
That portion of solid wastes consisting of wastes 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.
DISPOSAL
The orderly process of discarding useless or unwanted material.
DNR
The Wisconsin Department of Natural Resources.
DUMP
A land site where solid waste is disposed of in a manner that does not protect the environment.
DWELLING UNIT
A place of habitation occupied by a normal single-family unit of a combination of persons who may be considered as equivalent to a single-family unit for the purposes of this chapter.
GARBAGE
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 in containers originally used for foodstuffs.
HAZARDOUS WASTE
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.
INDUSTRIAL WASTE
Waste material, except garbage, rubbish, and refuse, directly or indirectly resulting from an industrial processing or manufacturing operation.
LITTER
Solid waste scattered about in a careless manner, usually rubbish.
NONRESIDENTIAL SOLID WASTE
Solid waste from agricultural, commercial, industrial, or institutional activities or a building or group of buildings consisting of four or more dwelling units.
PERSON
Individuals, firms, corporations, and associations, and includes the plural as well as the singular.
PRIVATE COLLECTION SERVICES
Collection services provided by a person licensed to do same by the Department of Natural Resources.
RECYCLABLE WASTE
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.).
REFUSE
Includes all waste material, including garbage, rubbish and industrial waste, and shall by way of enumeration but not by way of limitation include grass, leaves, sticks, tree branches and logs, stumps, stone, cement, boards, furniture or household appliances, and garden debris.
RESIDENTIAL SOLID WASTE
All solid waste that normally originates in a residential environment from residential dwelling units.
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 or resorts.
RUBBISH
Includes combustible and noncombustible waste material, except rocks, concrete, bricks and similar solid materials, plaster or dirt, that is incidental to the operation of a building, and shall include by way of enumeration but not by way of limitation tin cans, bottles, rags, paper, cardboard, and sweepings.
SCAVENGING
The uncontrolled removal of materials at any point in solid waste management.
SOLID WASTE
Garbage, rubbish and other useless, unwanted or discarded material from agricultural, residential, commercial, industrial or institutional activities. Solid waste does not include solid or dissolved material in domestic sewage.
STORAGE
The interim containment of solid waste in an approved manner after generation and prior to collection and ultimate disposal.
STORAGE AREAS
Areas where persons place containers during noncollection days as well as areas where containers are set out on collection day.

§ 355-4 Refuse storage areas.

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 materials from any containers which have 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 area, with continued violation resulting in the owner being prosecuted under the provision of this chapter and other Village ordinances.

§ 355-5 Approved waste and refuse containers.

A. 
General container standards. Suitable containers of a type approved by the Village shall be provided by the property owner or tenant in which to store all solid waste except for bulky or certain yard wastes as provided for herein. Containers, in order to be approved, shall provide for efficient, safe and sanitary handling of solid wastes. They 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. 
Approved containers. All garbage created, accumulated or produced shall be deposited in container of a type approved by the Chairman of Public Works and Properties Committee. Each container for a residential unit shall be equipped with suitable handles and tight-fitting covers, shall be watertight, and shall have the capacity of not less than five gallons and not more than 30 gallons. All garbage containers shall be kept in a neat, clean and sanitary condition at all times. All garbage containers for residential units shall be of metal, durable plastic, or other suitable, moisture-resistant material and shall not exceed 30 gallons in capacity. Other containers for multifamily residential units (such as dumpsters) may be used with the express approval of Chairman of the Public Works and Properties Committee. The container including contents shall not exceed in weight that which one person can safely lift (50 pounds). Metal garbage cans shall be of sufficient thickness to resist denting during normal handling by collection crews. Plastic garbage bags must be closed with a tie and shall consist of plastic material not damaged by freezing and not susceptible to melting. They shall be capable of being handled during hot and cold weather without damage during normal handling by collection crews. Plastic bags shall be of sufficient strength to allow lifting and loading of contents without tearing.
C. 
Householder to provide containers. 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, garbage 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 proper garbage containers. Garbage 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.
E. 
Illegal containers. Containers not approved consist of metal barrels and drums, wooden or cardboard barrels, wheelbarrows and other such containers not approved by this chapter. These containers will not be emptied regardless of contents or weight.

§ 355-6 Collection of refuse.

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 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 snow bank, nor shall it be placed in the roadway. The owner shall either shovel out an area behind the curb in which to place his wastes or he shall place it in his driveway. Collection crews will not collect residential solid 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 contents of garbage cans into collection vehicles using normal handling procedures, the cans, including 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 garbage cans by means other than dumping.
(2) 
No garbage containers 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 Chairman of the Public Works and Properties Committee 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 receptacles and containers for refuse and rubbish and all bundles of rubbish shall be placed in collection locations as designated in Subsection A above only after 6:00 p.m. of the evenings prior to the regular collection time the following day. All receptacles, bags and 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. 
Collection schedule.
(1) 
The designation of the day or days of refuse collection shall be made by the Chairman of the Public Works and Properties Committee, and such information shall be advertised so that all occupants, tenants and proprietors of all residential units will be advised of the correct collection schedule. Unless hardship is shown, caused by extreme weather conditions or other hazardous situations, refuse shall be collected from all residential units weekly.
(2) 
The occupant, tenant or proprietor of a residential unit shall notify the Chairman of the Public Works and Properties Committee that collection of refuse from such place is required.
D. 
Materials deposited in garbage containers. Rubbish, except broken glass, may be deposited in garbage containers. Liquid garbage shall not be deposited in such containers. Kitchen garbage shall be drained of all moisture and completely wrapped in paper or plastic before it is placed or deposited in garbage containers.
E. 
Residential rubbish collected with garbage. The Village will cause to be collected and disposed of all rubbish which is deposited in garbage containers for residential units as authorized in Subsection D above. To the extent that equipment and personnel are available as determined by the Chairman of the Public Works and Properties Committee, the Village may collect and dispose of rubbish other than that deposited in garbage containers upon request of an occupant, tenant or proprietor of a residential unit.

§ 355-7 Prohibited activities and noncollectable materials.

A. 
Dead animals. It shall be unlawful to place any dead animal, or parts thereof, in a container for collection; provided, however, that this section 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 waste in a container for collection unless it is first drained and wrapped.
C. 
Ashes. It shall be unlawful to place hot ashes for collection. (See § 355-5D.)
D. 
Improper placement. It shall be unlawful to place, or allow to be placed, any solid waste upon the roads, streets, or public or private property within this municipality contrary to the provisions of 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 this locality 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 shall 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 shall have 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 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.[1]
[1]
Editor's Note: See Ch. 181, Burning, Open.
K. 
Noncollectable materials. It shall be unlawful for any person to place for collection any of the following wastes:
(1) 
Hazardous waste.
(2) 
Toxic wastes.
(3) 
Chemicals.
(4) 
Explosives or ammunition.
(5) 
Drain or waste oil or flammable liquids.
(6) 
Large quantities of paint.
(7) 
Tires.
L. 
Animal or human wastes. It shall be unlawful for any person to place animal wastes and/or human wastes for collection. These wastes should be disposed of in plastic bags or in the sanitary sewer system. Such items as kitty litter may be placed for collection if animal wastes are removed prior to disposal.
M. 
Hospital wastes. If shall be unlawful for any person to place for collection any pathogenic hospital wastes. Such items as needles and syringes may be disposed of as long as they are contained to eliminate injury to collection crews.
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.

§ 355-8 Garbage accumulation; declaration of nuisance.

The accumulation or deposit of garbage, trash 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 or offensive 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.

§ 355-9 Refuse from outside Village.

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.

§ 355-10 Residential refuse collection.

It is hereby found and determined that the periodic collection of refuse from all residential units in the Village benefits all occupants of such places and premises in the Village, and such occupants, tenants and proprietors of each residential unit are liable for and shall pay the garbage collection fees established by the Village Board. Garbage collection service for residential units is provided by the Village, and it shall be mandatory for all occupants, tenants and proprietors of each residential unit to use the Village's collection services. It shall be unlawful for any person other than authorized agents, employees, or contractors of the Village to collect, remove or dispose of refuse from residential units in the Village; provided, however, that nothing contained herein shall prevent the use of garbage disposal devices as provided in the Village Plumbing Code.

§ 355-11 Commercial refuse collection.

All occupants and persons in possession, charge or control of commercial units shall be responsible for the accumulation, collection, removal and disposal of refuse from such commercial units. It shall be the duty of every person in possession, charge or control of a commercial unit to provide, and at all times keep in a suitable place, readily accessible garbage containers capable of holding all garbage which would ordinarily accumulate on such premises between the times of successive collections. It shall be the duty of every person in possession, charge or control of a commercial unit to cause such refuse to be collected, removed and disposed of at least weekly.

§ 355-12 Private rubbish haulers. [1]

Refuse which is not collected by the Village, its agents, employees, or contractors may be collected and disposed of by private rubbish haulers. All vehicles used to transport rubbish shall be provided with equipment to prevent rubbish from blowing out of, falling from, or otherwise escaping from such vehicle. All rubbish haulers shall comply with all applicable rules and regulations established by the Village Board.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 355-13 Deposits restricted.

It shall be unlawful for any person or persons to deposit, throw or place any refuse on or within any public street, alley, park, sidewalk, or other public place, or on any private property within the Village, whether owned, kept or controlled by such person or persons, except and unless placed in containers or receptacles or securely bundled as provided herein, and as authorized by the Chairman of the Public Works and Properties Committee.

§ 355-14 Fees for collection of garbage and rubbish.

A. 
Fees for garbage and rubbish collection from residential units shall be charged monthly and collected with other utility bills paid to the Village. Such fee shall be the ultimate responsibility of the owner of said residential property; nonpayment of such collection fee more than 30 days after the bill for such fees has been mailed shall constitute a delinquency and may become a charge against such property and collected by special assessment.
B. 
The fees for the collection of refuse from residential units shall be those as established by resolution of the Village Board.[1]
[1]
Editor's Note: Original § 6-3-15, Separation of newsprint for recycling, which immediately followed this section, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now § 355-18, Recycling program.

§ 355-15 Waste motor oil recycling.

[Amended 11-22-1994 by Ord. No. 1994-5]
A. 
No person shall dispose of any waste motor oil by pouring it on the ground, into storm sewers, ditches or waterways, or into gutters or Village streets.
B. 
Any person wishing to dispose of waste motor oil shall place it next to his recycling container on the regular pickup day or at any other legal waste motor oil site.

§ 355-16 Brush collection.

Brush may be collected provided that the following conditions are met:
A. 
All thorny brush must be bundled in three-foot lengths and placed at the curb in a separate pile.
B. 
All tree brush must be bundled and shall not exceed 50 pounds.
C. 
Branches shall be no bigger than two inches in diameter.
D. 
Branches shall be no longer than eight feet in length.
E. 
Property owners are responsible for clearing the terrace of any brush scraps.
F. 
Brush must not be set out earlier than 48 hours before scheduled pickup.
G. 
For pickup of brush placed on the curb on nonscheduled pickup days, a charge per load will be made per the fee schedule.
H. 
All tree removal is the responsibility of the property owner.
I. 
Brush pickup is to be the first Monday of each month.
J. 
Persons must notify the Village office before the first Monday of the month if they have brush to be picked up.

§ 355-17 Spring and fall cleanup program.

A. 
Spring and fall cleanup will be held in late April and early October.
B. 
Spring and fall cleanup will take place on Mondays.
C. 
Anyone with items to be picked up shall call the Village office by the preceding Friday.
D. 
Tires, trees, brush, and construction or remodeling debris will not be picked up.

§ 355-18 Recycling program.

[Amended 11-22-1994 by Ord. No. 1994-5]
A. 
Findings. The Village Board finds participation in a mandatory source separation recycling program appropriate in this jurisdiction to conserve energy, recycle valuable resources, and protect public health, welfare and the environment, while conserving local landfill capacity. The Village also finds participation in these programs appropriate to achieve consistency with county-wide recycling policies to ensure that the Village will be able to use the county-owned landfill.
B. 
Definitions. The following words are defined in this section as follows:
BULKY WASTE
Large items such as furniture, mattresses, carpeting, large metal products (such as lawn mowers, gym sets, lawn furniture, etc.), brush and other large items whose proportions are not easily reduced.
COLLECTOR/HAULER
The contractor or person chosen by the Village Board to collect, handle, transport and report on the community's solid waste, recyclables and nonrecyclables or the person or persons contracting with waste generators for these services and will enforce preparation standards for recyclable materials as well as ensure community compliance with this source separation recycling program.
CORRUGATED CARDBOARD
Heavy duty Kraft-type paper packaging material with a corrugated medium between two flat paper liners, and does include boxes or holders for six packs or 12 packs of beverage cans or bottles and brown paper sacks.
DEMOLITION AND CONSTRUCTION MATERIAL
Discarded solid waste resulting from the construction, demolition or razing of buildings, roads and other structures. Demolition and construction material typically consists of concrete, bricks, bituminous concrete, wood, glass, masonry, roofing, siding and plaster, alone or in combinations. It does not include asbestos, waste paints, solvents, sealers, adhesives or similar materials.
GARBAGE
Discarded solid materials resulting from the handling, processing, storage and consumption of food.
GLASS CONTAINERS
Glass bottles, jars and containers, and does not include window glass, drinking glasses, pyrex-type, light bulbs, or other noncontainer glass.
GOOD FAITH
Reasonable efforts to adhere to the policies, standards and rules of this mandatory source separation recycling program.
HAZARDOUS WASTE or HAZARDOUS SUBSTANCE
As defined in § 291.01, Wis. Stats.[1]
LEAD ACID BATTERIES
Automotive and related batteries that are comprised of lead plates with an acid electrolyte, and does not include nickel-cadmium batteries, dry cell (flashlight) batteries or batteries used in calculators, watches, hearing aids or similar devices.
MAGAZINES
Matter that is printed on glossy paper, including publications that are released weekly, monthly or quarterly.
MAJOR APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, water heater or any other item commonly referred to as a "white good."
METAL CANS
Tin-coated steel cans, bimetal cans, and aluminum cans used for food and other nonhazardous materials, including empty aerosol cans with the plastic nozzle and lid removed, and pots, pans and silverware, but excluding cans that held paint, paint-related products, pesticides or other toxic or hazardous substances.
MIXED PAPER
Cereal boxes and similar type box board (remove insert) and all other types of paper: junk mail, office paper, flyers, freezer food cartons, margarine and butter boxes, phone books, catalogs and all other uncoated paper, and does not include used paper plates, paper towels or paper napkins.
MULTIFAMILY DWELLING
A residential dwelling place intended to be the residence of four or more independent family units.
MUNICIPALITY
The Village of Mazomanie, located wholly within the boundaries of Dane County.
NEWSPAPERS
Matter printed on newsprint, including daily or weekly publications and advertising materials, including inserts, comics, flyers, etc.
OTHER PAPER
All paper excluding newsprint materials, magazines or materials specifically excepted in the definitions of "newspapers," "magazines" and "corrugated cardboard" but shall include grades of fiber materials with available markets for recycling.
PERSON
Includes any individual, corporation, organization, association, or local governmental unit, as defined in § 66.0131(1), Wis. Stats., state agency or authority or federal agency.
PLASTIC CONTAINER
Plastic bottle or container of eight ounces or greater clearly marked with the recycling symbol with number. All No. 1, 2, 3, 4, 5, 6 and 7 plastics are considered recyclable.
PREPARATION STANDARDS
Criteria provided establishing acceptable good faith limits for introduction of materials into the source separation recycling program involving either transport to a material recycling center or temporary storage of such materials.
RECYCLABLE MATERIAL
Identified materials meeting preparation standards and shall include the following: newspapers; corrugated cardboard; magazines; unbroken brown, green and clear container glass; aluminum, bimetal and tin-coated steel cans; plastic containers; tires; used oil; lead acid batteries; and major appliances and other ferrous and nonferrous metals.
REFUSE
Discarded combustible and noncombustible materials, including but not limited to bulky waste, major appliances, paper products, glass, cloth, litter, uncontaminated ashes, building materials such as wood, concrete, glass, plaster and other intermixed materials produced in construction or demolition of structures and products thereof in unrecoverable condition.
SOLID WASTE STORAGE
Safe, environmentally sound, short-term containment of materials, and for recyclables shall involve preserving materials in a condition meeting preparation standards by the property owner.
SOLID WASTE STREAM
Recyclable materials, garbage, refuse, hazardous waste, hazardous substances, used oil, tires, yard waste and all other discarded or recyclable solid materials, including materials resulting from industrial, commercial and agricultural operations and from community activities, but does not include solids or dissolved material in wastewater effluents or other common water pollutants.
TIRES
For collection purposes shall mean rubber tires from automobiles and light truck tires and other tires whose size is less than 22 x 5, which are removed from rims.
USED OIL
Any contaminated petroleum-derived or synthetic oil, including but not limited to the following: engine and other mechanical lubricants; hydraulic and transmission fluid; metal working fluid; and insulating fluid or coolant.
YARD WASTE
Leaves, grass clippings, and yard and garden debris, including brush and lean woody vegetative material. "Brush" means branches no bigger than two inches in diameter and no longer than eight feet in length but does not include tree stumps, extensive root systems or shrubs with intact root balls.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Applicability. This section shall apply to all persons, entities, collectors and haulers within the corporate limits of the Village of Mazomanie.
D. 
Conflict and severability. The provisions of this section shall be held to be minimum requirements and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes or pertinent Dane County ordinances in their interpretation and application. Because this section creates a comprehensive, mandatory source separation recycling program in our community, where any terms or requirements of this section may be inconsistent or conflicting, the more restrictive requirements or interpretations consistent with state and county law shall control. If any section, provision or portion of this section is found unconstitutional or invalid by a court, the remainder of the section shall remain enforceable and shall not be affected by that ruling.
E. 
Preparation standards. Acceptable recyclable materials shall be prepared in accordance with the following standards for collection purposes pursuant to this section. Furthermore, additional preparation standards may be provided by notice to generators of waste and collectors/haulers or by amendment to this subsection when other materials become recyclable dependent upon available economic markets.
(1) 
Newsprint shall be dry, free of paper not normally included in the newspaper and not sunburnt (turned yellow or tan from sun).
(2) 
Magazines shall be dry and not sunburnt.
(3) 
Corrugated cardboard shall be flattened, empty and free of food debris and other contaminating material.
(4) 
Glass containers shall be empty, clean of contaminants and free of metal caps and rings.
(5) 
Metal cans shall be empty and clean. Aerosol cans must be empty.
(6) 
Plastic containers shall be empty, clean and have caps removed.
(7) 
Lead acid batteries shall have all caps firmly attached and be free from leaks.
(8) 
Used oil shall be clearly identified as to type of lubricant or fluid, shall be free of materials interfering with the recycling process and shall be tightly sealed, nonleaking containers and set out next to the recycling containers.
(9) 
Tires shall include automobile and light truck tires less than a size of 22 x 5 and be removed from rims. These tires shall be collected only on designated days and in a manner chosen by the Village Board.
F. 
Mandatory source separation and collection. The following provisions shall apply to the discarded solid waste stream generated within the Village, excluding hazardous waste and hazardous substances:
(1) 
Refuse and garbage. Refuse includes all waste material, including garbage, rubbish and industrial waste, and shall by way of enumeration but not by way of limitation include grass, leaves, sticks, tree branches and logs, stumps, stone, cement, boards, furniture, household appliances or garden debris. Garbage 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 in containers originally used for foodstuffs.
(2) 
Grass, leaves and brush. Grass, leaves and brush shall not be collected with the intent of disposal at Dane County sanitary landfills. The Village shall be responsible for collection, transportation and disposal of brush only on the first Monday of every month, depending on work load and weather conditions. A compost pile is available to the public at the brush dump located on Mahocker Road and by the tennis courts located on Park Street. The brush dump is open to the public during hours designated by the Village Board and a key deposit is required. All persons who generate yard waste shall be responsible for appropriate disposal of yard waste from properties owned or occupied by the aforementioned persons. Composting of yard waste on private property is permitted where no nuisance to others occurs.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Separation and handling of recyclable materials. All recyclable materials shall be separated from other items in the solid waste stream. Recyclable materials placed at the curbside for collection shall be separated between themselves in a system facilitating transport and processing as provided herein. Recyclable materials shall meet preparation standards, and persons shall make good faith efforts to ensure recyclables and recycling containers are well-drained and reasonably clean.[3]
[3]
Editor's Note: Original § 6-3-19(f)(4), Separation of recylables required, which immediately followed this subsection, was deleted at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(4) 
Residential placement.
(a) 
Weight. Residential containers for recyclable materials may include any container or bag that does not exceed 30 gallons in capacity or 50 pounds in weight when full or a uniform container that has been provided by the Village or the contractor.
(b) 
Containers. Glass, metal cans, and plastic containers separated and placed curbside shall be in a manner facilitating the collector/hauler's collection of these materials enabling ready identification of the various materials.
(c) 
Newspaper, magazines and corrugated cardboard. Newspaper and magazines shall be placed in paper bags. Corrugated cardboard shall be flattened and securely tied in bundles or placed in suitable containers facilitating handling and collection.
(d) 
Other items. The Village shall arrange for the recycling of the following and provide a reasonable schedule of fees for this service: lead acid batteries, major appliances, tires, used oil and bulky waste. The above will be collected in a method to be decided by the Village Board. Dates for these special collections will be set by the Village Board and notices will be placed in the local paper.
(5) 
Requirements for multifamily dwellings. Owners of multifamily dwellings shall provide adequate containers for handling and collection of recyclables enabling tenants to ensure separation of recyclables and ensuring that recyclables meet preparation standards. The following shall be acceptable means of providing containers: first, providing one container for each dwelling unit; second, providing a series of containers for the complex or subunits thereof with unique containers for each type of recyclable to be shared in common by occupants of the multifamily dwelling, not including provisions for major appliances or used oil, with sufficient, separate containers to achieve good faith separation of recyclables based upon the size of the multifamily dwelling, and handling, transportation and processing requirements for the collector/hauler. Containers shall be clearly designated and marked as to the recyclables contained therein, and containers shall be maintained in a clean, safe and watertight condition. Owners of multifamily dwellings shall exercise good faith to assure that residents and occupants comply with recycling requirements of this section. Owners of multifamily dwellings shall notify tenants at the time of renting or leasing the dwelling and semiannually thereafter of the recycling program provided in this section.
(6) 
Requirements at commercial, retail, industrial, institutional and governmental facilities. The owners of commercial, retail, industrial, institutional and governmental facilities shall provide adequate, marked containers for separate handling and collection of recyclable materials, excluding used oil, tires, major appliances and bulky waste. All owners shall exercise good faith to maintain sufficient, well-kept containers to meet their generators' requirements for recycling purposes. Adequacy and the number of separate, marked containers shall be based upon the size of the facility. All owners shall exercise good faith to meet preparation standards for recyclables, providing suitable containers for that purpose. Owners shall regularly, periodically notify all users and occupants of the facilities of the recycling program provided in this section.
G. 
Prohibited practices in the collection and handling of recyclables. No person, persons or other entity generating waste within the Village shall do any of the following:
(1) 
Mix or permit intermixing of recyclable and nonrecyclable materials intended for collection by a collector/hauler or intended to be processed at a material recycling facility unless good faith to recycle is shown.
(2) 
Deposit or cause to be deposited any recyclable material at any authorized collection point when the site is closed or not operating.
(3) 
Deposit or cause to be deposited any recyclable material in or upon any public street, public waters, or public grounds in the municipality except at authorized locations within appropriate packaging or placed into appropriate containers during specifically authorized collection periods.
(4) 
Deposit or cause to be deposited any recyclable material in any container not specifically intended for the collection of that type or group of recyclable material.
(5) 
Deposit or cause to be deposited any nonrecyclable material in any container specifically intended for the collection or deposit of recyclable material.
H. 
Anti-scavenging provision. Persons shall not pilfer recyclables or disturb recyclables once those materials are placed for collection. All recyclable materials placed for collection pursuant to this section shall thereupon become the property of the Village, or the Village's authorized agent, or a private collector/hauler whom persons in the municipality have contracted to perform functions pursuant to the recycling plan provided in this section. Only persons authorized by the municipality or the generator of waste shall collect or handle recyclable materials once those materials have been placed appropriately for collection. Any and each collection by unauthorized persons in violation of this provision shall constitute a separate and distinct offense punishable as provided hereinafter.
I. 
Violations and penalties. Any person who violates any provisions of the section or any regulations promulgated pursuant to this section shall forfeit upon conviction thereof not less than $50 nor more than $200 for each separate violation hereunder, provided that the range of forfeiture for the third and any subsequent violation of this section or regulations promulgated pursuant thereto within a twelve-month period shall be not less than $100 nor more than $500 for each separate violation. Each incident of violation shall be a separate offense and each day or part thereof during which a violation occurs or continues shall be deemed a separate offense.
J. 
Promulgation of regulations. The Village Board shall prepare regulations, standards and schedules as necessary to make effective all provisions of this section. Periodically, upon a schedule adopted by the Village, the Village Clerk-Treasurer shall prepare notices and distribute other information to persons and entities generating waste within the Village for the purpose of informing the public about the requirements dictated by this section.
K. 
Consistency. All ordinances of the Village or parts of those ordinances construed to be inconsistent with this section for the purpose of achieving an effective recycling program in the municipality shall be hereby repealed as to such inconsistency only for the limited purpose of making effective all provisions in this section.