[HISTORY: Adopted by the Village Board of
the Village of Westfield as indicated in article histories. Amendments
noted where applicable.]
[Adopted 1-11-1994 (§ 4-7-12 of the 1985 Code)]
The purpose of this article is to enhance and
improve the environment and to promote the health, safety and welfare
of the Village by establishing minimum standards for the storage and
collection of garbage and refuse.
All garbage and refuse produced by residential
units in the Village shall be collected and disposed of by Village
employees or by any independent hauler under contract with the Village
to provide such services.
Collection and disposal of garbage, refuse and
other solid waste produced by industrial and commercial establishments
are the responsibility of the business owner/manager.
A.
Body waste, dead animals, large vehicle parts, large
equipment, large appliances and furniture, and construction and demolition
debris are considered special haul items and will not be collected
during the regular weekly collection. The Village usually arranges
to have a special collection area for such items on an annual or biannual
basis. The amount of such items to be disposed of is limited to what
can be hauled in a standard pickup truck and/or a small (not exceeding
six feet by eight feet) two-wheeled trailer.
B.
Fees.
(1)
Disposal fees are set by the Village Board and will
be charged each time a vehicle enters the disposal area for the purpose
of disposing of special haul items. Fees will be charged for each
vehicle containing items to be disposed of.
[Amended 5-8-2007 by Ord.
No. 10:07]
(2)
If such fees imposed in accordance with the above
are not paid at the time of disposal or within 10 days thereafter,
they shall be a debt due to the Village and shall be a lien upon the
property from which the special haul items originated. Thereafter,
if payment is not received prior to November 15 of the current year,
the delinquent bill will be placed on the succeeding tax roll.
[Amended 6-9-1998]
Entering the disposal area when it is unattended
by Village employees is prohibited. Violators may be prosecuted for
criminal trespass.
This article does not prohibit the actual producers
of garbage or refuse from personally collecting and disposing of such
waste in a lawful manner.
A.
Sanitation. Such areas shall be kept in a nuisance-
and odor-free condition, and litter shall not be allowed to accumulate.
Collection crews are not responsible for cleaning up loose materials
from any containers which have become ruptured or broken due to weather
conditions, animals, vandalism or other causes. Garbage or other refuse
becomes a nuisance when it causes the air or environment to become
noxious or offensive, or is in such a condition as to promote the
breeding of flies, mosquitoes or other insects, or it provides a habitat
or breeding place for rodents or other animals, or when it is otherwise
injurious to the public health.
B.
Uncollected refuse. Any trash or refuse set out for
collection but not collected due to noncompliance with this article
shall not be allowed to accumulate and must be disposed of within
48 hours of the last scheduled pickup. Such disposal is the responsibility
of the property owner and/or tenant. If it becomes necessary for Village
employees to pick up and dispose of such items or refuse, the property
owner shall be charged for such service in accordance with the Village
of Westfield Policy Statement "Charges for Labor, Equipment and Material."
C.
Refuse retention. No garbage or mixed refuse shall
be kept on any premises more than eight days. Dead animals shall be
disposed of immediately.
A.
General standards. House or other building occupants
producing garbage and/or refuse for collection shall:
(1)
Provide and renew, when necessary, a sufficient number
of approved containers to hold the garbage and/or refuse accumulating
between collections without overloading.
(2)
Maintain the containers in a nuisance- and odor-free
condition. The containers shall be watertight and flyproof and shall
be of sufficient durability to prevent the scattering of contents
by weather conditions or animals.
B.
Approved containers. Approved solid waste containers,
otherwise known as "garbage cans," shall be of metal or plastic construction
with tight-fitting covers and suitable handles, designed to withstand
freezing and melting and capable of being handled during hot and cold
weather without damage during normal handling. Also approved as solid
waste containers are plastic bags which are closed by means of a tie
and which are of sufficient strength to allow lifting and loading
without tearing.
C.
Defective containers. Any container having ragged
or sharp edges or any other defects which might injure or hamper the
person collecting the waste shall be replaced immediately by the owner.
D.
Nonapproved containers. Metal barrels and drums, wooden
or cardboard barrels, wheelbarrows and similar containers are not
approved as garbage or refuse containers and will not be emptied.
A.
Placement. Garbage and refuse placed for collection
must be readily accessible to the collection crew. This means the
approved containers must be placed immediately behind the curb of
the public street (or the outer limit of the paved street where there
are no curbs). During winter months, the containers shall not be placed
on top of a snowbank; either an area shall be shovelled out behind
the curb in which to place the containers or they shall be placed
in the driveway.
B.
Time restrictions. All garbage and refuse containers
shall be placed for collection not earlier than 24 hours before the
regular collection time, and they shall be removed from their collection
location within 24 hours after the regular collection time.
C.
Time of collection. Garbage and refuse collection
shall be once a week from every unit served and shall occur between
the hours of 5:00 a.m. and 5:30 p.m. When the regular collection day
falls on a holiday, collection shall occur on another day of the same
week, as determined by the contractor. The contractor is responsible
for communicating such changes to all Village residents.
D.
Container limit. There is a limit of five approved
cans and/or bags being placed for pickup on any one collection day.
All waste resulting from remolding, construction
or demolition of a building, roadway, or sidewalk shall be disposed
of by the owner, builder or contractor.
[Amended 6-9-1998; 7-12-2016 by Ord. No. 16:05]
This service is provided as a means for residents to dispose
of tree branches and leaves at curbside. A designated area for brush
and leaf dump will be provided year-round. Village residents are encouraged
to use it (Village Public Works Dept., 252 E. Pioneer Park Road, during
the hours of 7:00 a.m. to 3:30 p.m.).
A.
Brush:
(1)
Pickup of resident-generated brush is scheduled the first Wednesday
of each month. No pickup between the dates of November 1 through April
1 (except Christmas trees). Under special circumstances (e.g., storm
debris) pickup will be performed at other times.
(2)
Brush must be prepared for pickup in accordance with the following:
(a)
Piles must be placed parallel to the street with cut ends all
in one direction.
(b)
Tree and shrub branches must be no larger than four inches in
diameter and not less than three feet long. Small (short) branches,
twigs, pinecones, walnuts, acorns, grass clippings, should be placed
in container for ease of dumping.
(c)
Brush piles may not be larger than six feet wide by eight feet
long by five feet high.
(d)
No stones/tarps/bags/animal waste.
B.
Leaves:
(1)
Pickup of resident-generated leaves is scheduled for Monday, Wednesday,
and Friday, during the months of October, November, and December,
if weather permits.
(2)
Leaves must be prepared for pickup in accordance with the following:
(a)
Piles must be placed parallel to the street in narrow wind-rows
(maximum three feet).
(b)
No further than three feet off pavement.
(c)
If vehicles are in the right-of-way (or parked in the way) leaves
will not be picked up.
(d)
Please leave at least a four-foot clearance from utility boxes
and poles.
(e)
No foreign objects allowed, such as sticks, twigs, pinecones,
walnuts, acorns, etc., as the leaf vacuum system will plug.
(f)
No stones/tarps/bags/animal waste.
A.
Dead animals. Dead animals, or parts thereof, will
not be placed in a container for collection. (This does not apply
to animal parts from food preparation for human consumption.)
B.
Ashes. Ashes shall not be placed for collection.
C.
Tree leaves. The Village has neither the equipment
nor the manpower necessary to pick up and dispose of all tree leaves
raked or otherwise gathered from private property. Depositing tree
leaves in gutters or at roadsides is therefore prohibited. If any
person fails to comply with this subsection, the Director of Public
Works shall, after five days, serve written notice to the property
owner, cause the leaves to be removed, and report the cost thereof
in writing to the Village Clerk-Treasurer in the manner provided in
the Wisconsin Statutes. Such charges shall be spread on the tax roll
as a special tax to be collected in the same manner as other taxes.
[Amended 12-9-1997]
E.
Improper placement. No person shall deposit, throw
or place any garbage, offal, dead animals, combustible refuse or other
deleterious matter in any park, lane, alley, street, public grounds
or public place within the Village. Such items may also not be placed
upon any private property unless they are enclosed in watertight,
tightly covered containers.
F.
Unlawful use of refuse or recycling containers and their contents. No person other than the owner, occupant, or tenant of the premises, or his agent, or the refuse collector employed and licensed by the Village, or a Village employee authorized by the Village Board, shall deposit any article or thing in refuse or recycling containers, or shall remove, displace, injure, deface, destroy, uncover, or disturb such containers or their contents. Recyclable materials upon placement at the street for collection shall become the property of the Village. No person, firm or corporation may place, deposit, or cause to be placed or deposited, for collection by the Village or the Village's contractor, any waste, refuse or recyclables not generated within the limits of the Village of Westfield. The penalty for violation of this subsection shall be in accordance with the general penalty section (§ 1-3) in Chapter 1 of this Code.
[Amended 11-27-2001]
A.
Purpose. A user fee as set by the Village Board (refuse
collection fee) shall be charged for the purpose of helping offset
the cost of the collection of refuse, garbage, trash, etc.
B.
Applicability. The refuse collection fee applies to
the following classes of users:
(1)
Single-family dwellings.
(2)
Each dwelling unit (apartment, flat, etc.) within
a multiple-family dwelling.
(3)
Commercial and industrial establishments that do not
contract or otherwise provide for their own refuse collection and
disposal.
(4)
Churches and church-owned property that do not contract
or otherwise provide for their own refuse collection and disposal.
(5)
Schools, school-owned property, and other government
facilities that do not contract or otherwise provide for their own
refuse collection and disposal.
(6)
All other classes not herein specified.
C.
Landlord responsibility. The landowner of any class of user specified above is responsible for the payment of the fees imposed by this section accruing to the property owned. (See Subsection E below.)
D.
Billing. Refuse collection fees will be billed quarterly
and will be included in the sewer service bill. In the case of mobile
home parks, the refuse collection fee will be billed monthly, along
with the sewer service charges and mobile home taxes.
E.
Penalties. The uncollected refuse fee (§ 438-7B above) and the weekly refuse collection fee levied in accordance with this section shall be a debts due to the Village of Westfield and shall be a lien upon the property. If such debts are not paid by the 10th of the month following the billing date, a one-percent charge per month shall be added to the delinquent bill. Thereafter, if payment is not received prior to November 15 of the current calendar year, the delinquent bill will be placed on the succeeding tax roll.
[Adopted as § 4-7-13 of the 1985
Code]
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.
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. 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.
The requirements of this article apply to all
persons within the Village of Westfield.
For the purpose of this article, the following
terms shall have the meaning indicated:
A container for carbonated or malt beverages that is made
primarily of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
or stove.
A newspaper and other materials printed on newsprint (does
not include glossy newspaper supplements).
High-grade printing and writing papers. Printed white ledger,
copy, and computer printout are examples of office paper generally
accepted as high grade. This term does not include industrial process
waste.
A No. 1 or No. 2 plastic bottle, can, jar, or carton.
Solid waste other than solid waste generated in the production
of goods, hazardous waste, as defined in § 289.01(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.
Includes magazines, cardboard, certain bimetal, glass and
plastic containers, magazines, newspapers and office paper.
Has the meaning specified in § 281.01(15), Wis.
Stats.
Occupants of single- and multiple-family dwellings
and nonresidential facilities and properties shall do the following
for the preparation and collection of the recyclable materials specified
on the designated pickup day:
A.
Aluminum containers shall be rinsed free of product
residue and commingled in a clear plastic garbage bag or recycling
bin.
B.
Bimetal and steel containers shall be rinsed free
of product residue and commingled in a clear plastic garbage bag or
recycling bin.
C.
Glass containers (clear or colored) shall be rinsed
free of product residue and commingled in a clear plastic garbage
bag or recycling bin.
D.
Plastic containers shall be rinsed free of product
residue and commingled in a clear plastic garbage bag or recycling
bin. Their caps shall be removed and discarded.
E.
Cardboard shall be free of debris, flattened, and
tied with twine or placed in brown paper bags.
F.
Magazines and newspapers shall be bundled and tied
with twine or placed in brown paper bags. The bundles are not to be
placed in the bottom of the recyclable bin.
G.
Office paper shall be bundled and tied with twine.
The bundles are not to be placed in the bottom of the recyclable bin.
The following items are not recyclable. Arrangements
for their proper disposal must be made by residential and commercial
users through private haulers or recycling specialists.
Owners or designated agents of multiple-family dwellings and of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 438-16:
A.
Provide adequate, separate containers for the recyclable
materials.
B.
Notify tenants in writing at the time of renting or
leasing the dwelling and at least semiannually thereafter about the
established recycling program.
C.
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 and collection methods.
A.
For the purpose of ascertaining compliance with the
provisions of this article, any authorized officers, employees or
representatives of the Village of Westfield may inspect recyclable
materials separated for recycling, postconsumer 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 Village of Westfield
who requests access for purposes of inspection and who presents appropriate
credentials. No person may obstruct, hamper, or interfere with such
an inspection. The intent of this provision is to provide for compliance
inspection at the actual point of waste collection.
B.
The Village and/or its contractor has the right to
refuse to handle any materials that are not prepared for recycling
in strict accordance with this article.
A.
Any person who violates a provision of this article
may be issued a citation by the Westfield Police Department 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.
