[HISTORY: Adopted by the Village Board of the Village of Saukville 11-5-2008 by Ord. No. 690.[1] Amendments noted where applicable.]
GENERAL REFERENCES
General penalty — See Ch. 1, § 19.
Pet waste removal — See Ch. 61.
Solid waste disposal at mass assemblies — See Ch. 64.
Housing standards — See Ch. 115.
Nuisances — See Ch. 129.
Parks and recreation — See Ch. 136.
Peace and good order — See Ch. 140.
Trees and shrubs — See Ch. 187.
Zoning — See Ch. 205.
[1]
Editor's Note: This ordinance also repealed former Ch. 168, Solid Waste, adopted as follows: Art. I, Refuse and Recycling Collection, 12-17-1985 by Ord. No. 389 as Secs. 14.09 and 14.15 of the 1985 Code, as amended, and Art. II, Recycling, adopted by Ord. No. 477, as amended.
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Waste material generated in the normal and ordinary course of household activities that includes televisions, window pane glass, computers (including computer screens), printers, microwaves, toys, hardened latex paint, carpeting, furniture, fluorescent and incandescent bulbs, clothing, pet wastes, small nonrefrigerant appliances, scrap metal, lumber and other construction materials from minor household projects, and any other items that will fit in a contractor-provided container, excepting those materials hereinafter specifically excluded. "Garbage" as defined herein shall not include special waste, hazardous waste or other types of materials that require special handling and disposal, including but not limited to oil-based paint, animal carcasses, household chemicals, antifreeze, pool chemicals, ammunition, oil and other lubricants, medical wastes (including hypodermic needles), automotive equipment and tires, refrigerant appliances, large and bulky items, yard wastes, Christmas trees, tree branches and brush, construction materials from other than minor household projects, and any other materials prohibited by the Wisconsin Department of Natural Resources from disposal in a licensed sanitary landfill.
MIXED-USED BUILDING
A building located in the B-1 Central Business District and used for both residential and commercial purposes, but not including any building having more than three dwelling units or any building having a restaurant or premises serving alcohol beverages.
PICKUP LOCATION
Unless a different meaning is clearly manifest or otherwise required by the Public Works Superintendent, "pickup location" shall mean for each dwelling or building a point at the public curbline or roadside whereon the dwelling from which collection is being made fronts.
[Amended 8-9-2014 by Ord. No. 750]
PRIVATE REFUSE CONTAINERS
Receptacles one cubic yard or more in capacity, commonly maintained by private refuse contractors for periodic disposal.
RECYCLABLE MATERIALS
Those materials defined under Article II of this chapter.
YARD WASTES
Those materials defined under Article II of this chapter.
A. 
The Village shall be the exclusive provider of garbage and recyclable materials collection to the owners and occupants of each single-family dwelling, two-family dwelling, three-family dwelling, and residential dwelling located in a mixed-use building within the Village, provided that the dwelling or building complies with the conditions set forth in § 168-4 below. The owner or occupant of any such dwelling or building may not contract privately for garbage and recyclable materials collection.
B. 
Garbage and recyclable materials collection shall be provided by the Village through contract with such garbage disposal contractor as the Village Board may determine.
The Village's garbage disposal contractor shall provide one garbage container and one recyclables container for each dwelling specified in § 168-2A. The containers shall remain the property of the contractor. The owners or occupants of each such dwelling shall use the containers only for garbage and recyclable materials as specified and may not make any alternations to the containers. The owners or occupants shall be responsible for the care of the containers and provide reasonable safeguards against damage or theft, and shall be responsible for any loss of or damage to the containers apart from ordinary wear and tear. The owners or occupants shall be responsible for paying directly to the contractor the cost of replacing a damaged or stolen container. The owners or occupants may obtain an additional container or containers from the Village's contractor, but the owners or occupants shall be responsible for paying directly to the contractor any cost related to an additional container.
A. 
Collection for all dwellings and buildings identified in § 168-2A shall be once per week on Thursday for garbage and every other week on Thursday for recyclable materials, except that on those weeks during which a holiday occurs, collection will be on Friday. The Village reserves the right to change the regular collection date following due notice.
B. 
Garbage and recyclables containers shall be placed at the curbside no later than 7:00 a.m. on collection day. Each owner or occupant shall provide the Village's contractor with reasonably unobstructed access to the containers.
C. 
An owner or occupant may not place garbage or recyclable containers at the pickup location prior to 12:00 noon on the day before collection day, and all containers shall be removed from the pickup location no later than 9:00 p.m. on collection day.
D. 
All garbage shall be placed in the contractor-provided garbage container for collection. All recyclable materials shall be placed in the contractor-provided recyclables container for collection. Not more than 100 pounds total of garbage or recyclable materials may be placed in a container for pickup at one time. No other container may be used for garbage or recyclable materials. Garbage and recyclable materials not placed in the appropriate contractor-provided container will not be collected.
E. 
All large items that cannot be placed in a contractor-provided container, such as, but not limited to, furniture, appliances, carpeting, construction materials, and hazardous or landfill-banned materials, shall be disposed of by the owners or occupants at their own expense. Such large items shall not be placed at the pickup location until the owners or occupants have made arrangements with a refuse collector for collection and disposal of the items.
F. 
No person, firm or business may place, deposit or cause to be deposited for collection any garbage or refuse not generated within the corporate limits of the Village of Saukville. Garbage originating from sources outside the Village of Saukville will not be collected.
G. 
No person shall place hot or sharp items or any hazardous or toxic materials in a container for collection.
[Amended 8-9-2014 by Ord. No. 750]
All four-family and larger residential buildings, mixed-use buildings having more than three dwellings units or having a restaurant or premises serving alcohol beverages, commercial units in mixed-use buildings, and commercial, institutional and industrial establishments shall provide for removal of garbage and recyclable materials at their own expense. The Public Works Superintendent shall determine if the disposal method and frequency used by these buildings and establishments is adequate. The Public Works Superintendent is hereby empowered to require more frequent disposal if in his or her opinion accumulated garbage and/or recyclable materials are creating a public nuisance in the community. Garbage, recyclable materials, or other refuse or trash shall not be placed at the pickup location until the owners or occupants have made arrangements with a refuse collector for collection and disposal.
A. 
No person shall place or maintain a private refuse container upon his or her property unless it has first been enclosed by a wooden enclosure or fence to screen it from public view (public streets and sidewalks) and to prevent possible unsightly refuse from accumulating and blowing onto adjacent properties. All enclosures are subject to prior approval by the Village Architectural Control Board. Decorative masonry or wood is acceptable material for construction.
B. 
All wooden enclosures must be of sufficient height to properly screen the refuse container. These wooden enclosures or fences shall be structurally and aesthetically maintained during their useful life.
C. 
This section shall not apply to temporary construction site refuse containers. All future residential, commercial and industrial developments in the Village are subject to site plan review to ensure compliance with this section.
Except as otherwise provided herein, any person who shall violate any provision of this article or any regulation, rule or order made hereunder shall be subject to a penalty as provided in § 1-19 of this 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.
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.
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 ordinance 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.
For the purpose of this article, the following terms shall have the meanings 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.
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 APPLIANCES
A residential or commercial air conditioner, furnace, boiler, dehumidifier, water heater, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator 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 § 287.01(5m), 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.
POSTCONSUMER WASTE
Solid waste other than solid waste generated in the production of goods, hazardous waste, as defined in § 287.01(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), Wis. Stats.
SOLID WASTE FACILITY
Has the meaning 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.
WASTE TIRE
A tire 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 great than six inches in diameter. This term does not include stumps, roots or shrubs with intact root balls.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties shall separate the following materials from postconsumer 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. 
Foam polystyrene packaging.
I. 
Magazines.
J. 
Glass containers.
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.
The separation requirements of § 168-15 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 postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 168-15 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 in accordance with § 287.07(7)(bg), Wis. Stats., 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 § 168-15E through O for which a variance has been granted by the Department of Natural Resources under § 287.07(7)(h), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 168-15 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 which protects them from wind, rain and other inclement weather conditions that could reduce the marketability of the recyclable materials.
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 left with the retail business that sold the replacement battery or taken to a licensed salvage operator.
B. 
Major appliances shall be taken to the retail business that sold the replacement item or to a licensed salvage operator.
C. 
Waste oil and antifreeze shall be taken to a service station, repair garage, new car dealer or other approved dropoff site that accepts waste oil and/or antifreeze.
D. 
Yard waste shall be delivered to the Department of Public Works dropoff site during scheduled dates and times. Brush and branches should be placed at the curb for curbside chipping by the Department of Public Works during scheduled dates and times. Tree branches and trunks larger than six inches in diameter shall be disposed of by the occupants at their expense.
Except as otherwise directed by the Village of Saukville, occupants of single-family and two- to four-unit residences shall do the following for the preparation and collection of the separated materials specified in § 168-15E through O:
A. 
Aluminum containers shall be rinsed, flattened and placed in the approved recycling container.
B. 
Bimetal containers shall be rinsed, flattened and placed in the approved recycling container.
C. 
Corrugated paper or other container board shall be placed in the approved recycling container.
D. 
Foam polystyrene packaging shall be rinsed, flattened and placed in the approved recycling container.
E. 
Glass containers shall be clean and rinsed. Remove and discard lids and rings. Place in approved recycling container.
F. 
Magazines shall be placed in the approved recycling container.
G. 
Newspaper shall be placed in the approved recycling container.
H. 
Office paper shall be placed in the approved recycling container.
I. 
Rigid plastic containers shall be prepared and collected as follows:
(1) 
Plastic containers made of PETE, including two-liter soda bottles, labeled by the SPI Code No. 1, shall be rinsed and flattened, caps shall be removed and discarded, and the containers shall be placed in the approved recycling container.
(2) 
Plastic containers made of HDPE, including milk jugs and detergent bottles, labeled by the SPI Code No. 2, shall be rinsed and flattened, caps shall be removed and discarded, and the containers shall be placed in the approved recycling container.
(3) 
Plastic containers made of PVC, labeled by the SPI Code No. 3, shall be rinsed, and the containers shall be placed in the approved recycling container.
(4) 
Plastic containers made of LDPE, labeled by the SPI Code No. 4, shall be rinsed, and the containers shall be placed in the approved recycling container.
(5) 
Plastic containers made of PP, labeled by the SPI Code No. 5, shall be rinsed, and the containers shall be placed in the approved recycling container.
(6) 
Plastic containers made of PS, labeled by the SPI Code No. 6, shall be rinsed, and the containers shall be placed in the approved recycling container.
(7) 
Plastic containers made of other resins or multiple resins, labeled by the SPI Code No. 7, shall be rinsed, and the containers shall be placed in the approved recycling container.
J. 
Steel containers shall be rinsed, ends opened, flattened and placed in the approved recycling container.
K. 
Waste tires shall be left with the retail business that sold the replacement tire.
A. 
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 168-15E 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.
(5) 
Provide a certification every year to the Village of Saukville that all recycling requirements have been met.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the postconsumer waste generated within the dwelling is treated at a processing facility licensed by Department of Natural Resources that recovers for recycling the materials specified in § 168-15E through O from solid waste in as pure a form as is technically feasible.
A. 
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 168-15E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify in writing, at lease 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 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.
(5) 
Provide a certification every year to the Village of Saukville that all recycling requirements have been met.
B. 
The requirements specified in Subsection A do not apply to the owners or designated agents of nonresidential facilities and properties if the postconsumer waste generated within the facility or property is treated at a processing facility licensed by Department of Natural Resources that recovers for recycling the materials specified in § 168-15E through O from solid waste in as pure a form as is technically feasible.
All recyclables placed at the curb for pickup shall become the property of the Village of Saukville and its recycling contractor. The removal of any recyclables by any unauthorized person shall be a violation of this article and subject to a penalty under § 168-25B.
A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the Village of Saukville 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 Saukville 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 Village of Saukville 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 other matter shall not preclude the issuance of a citation under this subsection.
Penalties for violating this article may be assessed as follows:
A. 
Any person who violates § 168-22 may be required to forfeit $50 for a first violation, $200 for a second violation and not more than $2,000 for a third, subsequent violation.
B. 
Any person who violates a provision of this article, except § 168-22, may be required to forfeit not less than $10 nor more than $1,000 for each violation.