[HISTORY: Adopted by the Common Council of the City of Marion 7-22-1993 as Title 8,
Ch. 3, of the 1993 Code. Amendments noted where applicable.]
This chapter shall be known as the "Solid Waste Management Ordinance
of the City of Marion," hereinafter referred to as "this chapter."
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 City by establishing minimum standards for the
storage, collection, transport, processing, separation, recovery and
disposal of solid waste.
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:
Plastic sacks designed for refuse with sufficient wall strength
to maintain physical integrity when lifted by top, securely tied at
the top for collection, with a capacity not to exceed 30 gallons and
loaded weight not to exceed 50 pounds.
A large appliance, piece of furniture or waste material from
a residential source, other than construction debris or hazardous
waste, with a weight or volume greater than allowed for containers.
Yard and garden trimmings or newspapers or magazines securely
tied together forming an easily handled package not exceeding four
feet in length, one foot in diameter, or 50 pounds in weight.
The applicable municipal authority (e.g., City of Marion)
empowered under state law to solicit and award contracts for the transfer
of residential waste. This term shall also refer to the appropriate
employee or office of the City authorized to act as its agent in handling
the pertinent matter of this contract.
Waste building materials resulting from construction, remodeling,
repair or demolition operations.
REUSABLE CONTAINERSReceptacles provided by the contractor for use by the residents of the City for deposit of waste materials.
NONREUSABLE CONTAINERSSee definition of "bags."
The contract specifications, the contract, and any addenda
or changes to the foregoing documents agreed to by the City and the
contractor.
The individual, firm, partnership, joint venture, corporation,
or association performing refuse transfer under contract with the
City.
A waste depository for the processing or final disposal of
waste, including but not limited to sanitary landfills, incinerators,
and waste processing separation centers, licensed, permitted or approved
by all governmental bodies and agencies having jurisdiction.
Putrescible animal or vegetable wastes resulting from the
handling, preparation, cooking, serving or consumption of food and
including food containers.
Waste designated as hazardous by the United States Environmental
Protection Agency or appropriate state agency.
Includes newspapers and advertising circulars printed on
newsprint and normally accompanying newspapers, but shall not include
books, magazines or periodicals.
Consumer-separated materials, such as aluminum cans, container
glass, corrugated cardboard, drain oil, newsprint and plastics, capable
of being readily recycled.
To pass again through a series of changes, processes, or
treatments to regain use in some form.
A facility designed to receive and/or store materials for
recycling.
Discarded waste materials in a solid or semiliquid state,
consisting of garbage, rubbish or a combination thereof.
A group of rooms located within a building and forming a
single habitable unit with facilities which are used or are intended
to be used for living, sleeping, cooking and eating. A residence also
includes buildings containing two or fewer separate or contiguous
single-family dwelling units.
Refuse or rubbish from a residence, not including construction
debris or hazardous waste.
Nonputrescible solid wastes consisting of combustible and
noncombustible materials, including yard waste.
A facility designed to accept waste for the purpose of transferring
the waste received to a disposal site.
Leaves, grass clippings, garden debris and brush.
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 provisions of this chapter
or other City ordinances.
[Amended 8-13-2018 by Ord. No. 2018-003]
A.
Residential service contract. The City shall enter into a contract
for collection and removal of residential waste on a regular basis
for single-family and duplex residences. The City will not contract
for service for industries, commercial properties and multifamily
residences greater than two units. A farm where a residence is located
and occupied is considered residential.
B.
Area to be served. The area subject to this chapter shall be the
incorporated boundaries of the City of Marion, Waupaca County and
Shawano County, Wisconsin.
C.
Hours of operation. Normal hours of collection are to be from 4:00
a.m. until all waste has been collected and removed on a weekday agreed
upon by the City and the contractor.
D.
Holidays. The following holidays will be observed: New Year's
Day, Memorial Day, Independence Day, Labor Day, Thanksgiving Day and
Christmas Day. If the holiday falls on the designated pickup day,
the weekday immediately preceding or the weekday immediately following
shall be the pickup day, as may be determined by the City and the
contractor.
E.
Unlawful accumulation. A person, property owner, or business establishment
in the City shall not accumulate or allow to accumulate on property
controlled or owned by him any solid waste, garbage, refuse, bulky
waste, construction or demolition materials, or hazardous wastes and
shall provide for the timely removal and disposal of such wastes where
not herein provided for by the City.
F.
Waste hauling vehicles. No person shall operate a vehicle to haul
any waste materials on any public street or highway in the City unless
such vehicle is so constructed, loaded, and covered to prevent its
contents from dropping, shifting, leaking, or otherwise escaping therefrom.
Transporting waste from one residence to another is prohibited. Hauling
yard waste on public streets and highways is permitted.
A.
The cost of residential waste removal from residences and dwelling
units, as determined in this chapter, is hereby characterized as a
rendered service to property and authorized as a special charge against
the property served, pursuant to § 66.0703(1)(b), Wis. Stats.,
to be placed upon the real estate tax bill and collected along with
real estate taxes each year commencing with the 1990 tax year, where
payments in full have not been made prior to calculation and printing
of said bills. This provision shall become effective with the 1990
tax year.
B.
The cost of pickup and removal shall be the amount charged against
each property, as authorized by the Common Council. The Common Council
retains the right to revise said charges and shall set the rate for
year-round residences. Upon setting the rate for a given time period,
the City shall publish such rate as a Class 1 notice under Ch. 985,
Wis. Stats.
C.
Billings and payments shall be twice a year, quarterly or whichever
is agreed upon between the City and the contractor. Upon any changes
to the billings and payments, the City shall publish such changes
as a Class 1 notice under Ch. 985, Wis. Stats.
A.
Dead animals. It shall be unlawful to place any dead animal, or parts
thereof, for collection; provided, however, that this section shall
not apply to animal parts from food preparation for human consumption.
B.
Ashes. It shall be unlawful to place hot ashes for collection.
C.
Noncollectable materials. It shall be unlawful for any person to
place for collection any of the following wastes:
D.
Animal or human wastes. It shall be unlawful for any person to place
large animal wastes and/or human wastes for collection. These wastes
should be disposed of in the sanitary sewer system.
E.
Hospital wastes. It 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.
F.
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. Building materials shall not
be burned at the construction site.
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 City 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.
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 City of Marion.
A.
Recyclable items. The following articles are recyclable and may be
placed for collection at the recycling center:
(1)
Aluminum and aluminum cans (rinse and crush).
(2)
Books.
(3)
Car batteries (no flashlight or toy batteries).
(4)
Cardboard (flatten; keep plastics and wax out).
(5)
Card stock.
(6)
Corrugated paper (cartons, empty).
(7)
Envelopes (windowed, labeled, kraft).
(8)
Glass (sort by color; wash and remove caps).
(9)
Magazines (bundle with string or put into brown grocery bags).
(10)
Newspaper (bundle with string or put into brown grocery bags).
(11)
Paper (white, colored, ledger, shiny/coated, carbonless or NCR
and onionskin).
(12)
Plastic (rinse and remove caps).
(13)
Tin cans (keep separate; rinse, remove labels and flatten).
(14)
Waste oil.
B.
Nonacceptable items. The following items may not be left at the recycling
center: (Note: This is not a complete list of nonrecyclables.)
(1)
Window glass.
(2)
Light bulbs and tubes.
(3)
Styrofoam and Styrofoam products.
(4)
Wax and carbon.
(5)
Napkins and Kleenex®.
(6)
Television tubes.
(7)
Egg cartons.
(8)
China ceramics.
(9)
Fast-food containers.
(10)
Tires.
(11)
Plastic cups and silverware.
(12)
Toilet paper.
(13)
Transparencies.
(14)
Office supplies.
(15)
Cellophane.
(16)
Cloth.
(17)
Cork.
(18)
Foil.
(19)
Metal and rubber.
C.
Recycling hours. The recycling center shall be available for the
public to use on days and times designated by the Common Council.
Any changes to the designated days or times shall be published as
a Class 1 notice under Ch. 985, Wis. Stats.
