This chapter shall be known as the "Solid Waste Management Ordinance
of the Village of Kimberly," hereinafter referred to as "this chapter."
For the purpose of this chapter, the following words and phrases
shall have the meanings 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
Bulky items whose large size precludes or complicates their
handling by normal collection, processing or disposal methods. In
general, bulky items are those items which are too large to be placed
in a disposal polycart. Bulky items do not include white goods or
building materials.
BULKY WASTE COLLECTION
Bulky items, such as couches, chairs, televisions, mattresses
(rolled and tied) and carpet (cut and tied in four-foot lengths),
but excluding dirt, stone, concrete, plaster and all other building
materials.
COMMERCIAL UNIT
All property other than residential units and shall include
boardinghouses, motels and resorts.
CURB
The back edge or curb and gutter along a paved street or
where one would be if the street was paved and had curb and gutter.
DEMOLITION WASTE
That portion of solid waste consisting of waste 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.
DWELLING UNIT
A place of habitation occupied by a normal single-family
unit or a combination of persons who may be considered as equivalent
to a single-family unit for 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 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, especially
rubbish.
PERSON
Individuals, firms, corporations and associations, and includes
the plural as well as the singular.
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
Combustible and noncombustible material, including, but not
limited to, trash, rubbish, wood, glass, plastic, rubber, cloth, ashes
and yard litter; mattresses rolled and tied; large furniture; and
carpeting (rolled and tied in widths no larger than four feet).
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. For the
purpose of this chapter, any housing building with four or fewer residential
units shall fall into this category.
RUBBISH
Worthless, useless or unwanted matter, not to include rocks,
concrete, bricks, dirt or similar materials and recyclable waste as
defined in this section.
[Amended 3-5-2012 by Ord.
No. 3-2012]
SCAVENGING
The uncontrolled removal of materials at any point in solid
waste management.
SOLID WASTE
Garbage and refuse as defined above and all other discarded
or salvageable material, but not including rubbish as defined above
or solid or dissolved material in wastewater effluent or other common
pollutants.
STORAGE
The interim containment of solid waste in an approved manner
after generation until 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 days.
WHITE GOODS
Stoves, refrigerators, washers, dryers, water heaters, humidifiers,
swing sets, clothesline poles, dehumidifiers, air conditioners and
similar such items and large appliances.
[Amended 12-15-2014 by Ord. No. 9-2014; 1-19-2015 by Ord. No. 2-2015]
A. 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 material from any container which has 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/her area; continued violations will result in the
owner being additionally prosecuted under the provisions of this and
other Village ordinances. If the owner or occupant fails to do so,
the same shall be done by the Village under the direction of the Health
Officer or Street Commissioner, and the expense thereof shall be charged
against the premises and become a lien against the same and be included
as a special charge/assessment against the property.
B. Containers
must be of appropriate size as to contain all refuse and recycling
waste while keeping the lid fully closed. Larger containers may need
to be supplied in high use settings to maintain compliance with this
section. Refuse and recycling waste pickup must be at a minimum biweekly.
Containers must be kept in an acceptable condition considering damage,
discoloration, and what would be unsightly to the neighborhood; or
containers must be kept in a physically and visually enclosed area.
Containers must be kept a minimum of 20 feet from a public street
right-of-way, unless enclosed as set forth herein. The Zoning Administrator
has the authority to vary from this chapter as circumstances may require.
[Amended 12-15-2014 by Ord. No. 9-2014; 1-19-2015 by Ord. No. 2-2015]
The accumulation or deposit of garbage, trash, recycling waste,
debris, 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, offensive, unsightly, 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.
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 of Kimberly.