City of Fond du Lac, WI
Fond du Lac County
By using eCode360 you agree to be legally bound by the Terms of Use. If you do not agree to the Terms of Use, please do not use eCode360.
Table of Contents
Table of Contents
[HISTORY: Adopted by the City Council of the City of Fond du Lac as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Nuisances — See Ch. 476.
Property maintenance — See Ch. 512.
[Adopted 6-23-1993 by Ord. No. 2679 as §§ 11.08 and 11.15 of the 1993 Code; amended 4-12-2006 by Ord. No. 3277]
The following terms have the meanings indicated:
BULKY WASTE
Such items as old furniture, lumber, large toys, etc., which are bulky in nature and are discarded in the normal operation of a household.
COMBINED REFUSE
Garbage, rubbish or garbage and rubbish mixed together.
CONSTRUCTION WASTE
All waste from the construction, remodeling and demolition of structures and ancillary facilities, including sidewalks, driveways and cisterns.
OVERFLOW WASTE
Ordinary household garbage or rubbish which does not fit into the City-issued container.
PUBLIC NUISANCE
A condition that unreasonably interferes with the enjoyment of life or property and is injurious to public health, welfare or property.
RESIDENTIAL PROPERTY
Separately taxable property having four or fewer dwelling units. Each separately taxable condominium dwelling unit shall be considered residential property, provided that all units in a complex are separately owned. Properties that are specifically excluded from this definition include, but shall not be limited to, the following:
A. 
Manufacturing property.
B. 
Commercial property.
C. 
Apartment buildings with five or more dwelling units.
D. 
Tax exempt properties, i.e., fraternal lodges, nursing homes, hospitals, clinics, schools, churches and government buildings.
E. 
Dwelling units located on properties for which the predominant use is commercial.
TOXIC AND HAZARDOUS WASTE
Waste materials such as pesticides, acids, caustics, pathological waste, radioactive materials, flammable or explosive materials and similar chemicals and harmful waste which require special handling and disposal to protect and conserve the environment.
WHITE GOODS
Such items as old refrigerators, stoves, hot water heaters and other major appliances which are discarded in the normal operation of a household.
A. 
The owner and occupant of any premises, business establishment or industry shall be responsible for the sanitary storage of all solid waste accumulated at that premises, business establishment or industry.
B. 
The maximum allowable volume and weight for garbage and rubbish containers, when full, are 96 gallons and 200 pounds, respectively.
C. 
Heavy-duty plastic bags, designed and sold specifically for storage of refuse may be used for liners of garbage and rubbish containers. Such bags may then be left in the garbage container or placed separately for collection, provided the top is securely closed with a wire twist or other method, on an overflow sticker basis only.
D. 
Toxic or hazardous materials or substances shall not be collected.
[Amended 4-8-2015 by Ord. No. 3579]
A. 
All waste to be collected by the City must be placed at the street curb on the terrace, on the driveway apron, on the sidewalk if there is no terrace, or in the alley when such placement is approved by the Director of Public Works, by the producer before 5:00 a.m. of the scheduled collection day. All empty containers must be removed from the curb by 9:00 a.m. of the day following collection.
B. 
General. Except as otherwise provided in this Code, no person shall dump, dispose, litter or store refuse in the City of Fond du Lac outside of a licensed sanitary landfill facility on either private or public lands.
C. 
Placement of garbage in other's containers or property prohibited:
(1) 
No person shall deposit garbage or recyclables in the dumpster, garbage can, or recycling bin of another person without such other person's consent.
(2) 
No person shall deposit garbage or recyclables for collection on the property or the right-of-way fronting the property of another person.
The City will not collect, remove or dispose of bulky waste. The exception shall be during collections specifically designed for bulky waste collection and under rules set forth by the Director of Public Works.
The City will not collect and remove construction waste unless such waste is placed for collection on scheduled rubbish collection days and is placed in regulation containers. The City will not pick up construction waste generated by contractors or builders.
Refuse and brush will be collected according to schedules prepared by the Department of Public Works and kept on file in the City Clerk's office.
Vehicles and containers used for the collection and transportation of any solid waste shall be loaded and moved in such a manner that the contents will not fall, tear or spill therefrom and shall be covered when necessary to prevent blowing of material. Where spillage does occur, the material shall be picked up immediately by the collector or transporter and returned to the vehicle or container and the area properly cleaned.
No person shall engage in the collection or removal of or collect or remove any refuse which has been placed pursuant to the provisions of this article for collection by City forces.
A. 
No person shall deposit solid waste in any other place or in any other manner than is provided by this article and all other applicable state and federal regulations.
B. 
No person shall dump any solid waste at any place in the City except at public solid waste handling facilities. Any dumping and depositing of solid waste shall be subject to the conditions as set forth by all applicable local, state and federal regulations.
The Director of Public Works is authorized to provide regulations as needed for the efficient and sanitary storage, collection, handling and disposal of solid waste within or without the City.
All recyclable materials shall be separated as outlined by Article II.
It shall be unlawful for any person to place human waste for collection, except that disposable diapers which have been emptied will be accepted. Animal waste or kitty litter shall be separately wrapped and placed for collection.
It shall be unlawful for any person to place for collection any pathogenic hospital wastes. Items such as needles and syringes shall be disposed of in approved proper containers to eliminate injury to collection crews.
Except as otherwise provided herein, any person found to be in violation of any provision of this article or any order, rule or regulation made hereunder shall be subject to a penalty as provided in § 1-4 of this Code.
[Adopted 11-22-1994 by Ord. No. 2761 (§ 11.081 of the 1993 Code); amended 4-12-2006 by Ord. No. 3277]
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. This article does not repeal, abrogate, annul, impair or interfere with any existing rules, regulations, ordinances or permits previously adopted or issued pursuant to law, but 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 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 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 most recent text amendment of this article.
The requirements of this article shall apply to all persons within the City of Fond du Lac.
The provisions of this article shall be administered by the Director of Public Works.
For the purposes of this article, the following terms shall have the meanings indicated:
BIMETAL CONTAINER
A container for food and other perishable storage, commonly referred to as a "tin can."
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 APPLIANCE
A residential or commercial air conditioner, clothes dryer, clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator, stove, furnaces, boilers, dehumidifiers or water heaters.
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 § 66.0131(1)(a), 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 § 291.01(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 specified 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 that 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 greater 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 are encouraged to 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. 
Glass containers.
J. 
Magazines.
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 § 556-19 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 which send their postconsumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources which recovers the materials specified in § 556-19 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 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 § 556-19E through O above for which a variance has been granted by the Department of Natural Resources under § 287.11(2m), Wis. Stats., or § NR 544.14, Wis. Adm. Code.
To the greatest extent practicable, the recyclable materials separated in accordance with § 556-19 above 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.
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, waste tires and yard waste as follows:
A. 
Lead acid batteries shall be taken to a retail business which sells vehicle batteries or to a business which recycles such batteries.
B. 
Major appliances shall be delivered to businesses which recycle major appliances. The Director of Public Works shall maintain a list of such businesses which shall be available to the public.
C. 
Waste oil shall be delivered to retailers of such oil or to any other business which recycles or reuses such oil. In the case of single-family and two- to four-unit residences, waste oil may be taken to the Municipal Garage for disposal Monday through Friday, 7:00 a.m. to 3:30 p.m.
D. 
Waste tires shall be delivered to a business which recycles tires. The Director of Public Works shall maintain a list of such businesses which shall be available to the public.
E. 
Yard waste materials.
(1) 
Yard waste (grass, leaves, plants, or raked materials) which is not composted or otherwise reused or recycled may be taken to the organic material dropoff pile at the site to be determined by the Director of Public Works.[1]
[1]
Editor’s Note: Former Subsection E(2), regarding collection of brush, was repealed 11-22-2016 by Ord. No. 3623.
Except as otherwise directed by the Director of Public Works, 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 § 556-19E through O:
A. 
Aluminum containers, bimetal containers, corrugated paper and other container board, glass containers, magazines, newspapers, office papers, rigid plastic containers, and steel containers shall be placed at the curb for collection in accordance with rules established by the Director or Public Works.
B. 
Foam polystyrene packaging and No. 4, No. 6, and No. 7 plastic containers are subject to a variance on the effective date of this article which exempts them from separation and recycling. Upon the expiration of the variance and any extension, renewals or subsequent variances, foam polystyrene packaging and No. 4, No. 6, and No. 7 plastic containers shall be placed at the curb for collection in accordance with rules established by the Director of Public Works.
A. 
Owners or designated agents of multiple-family dwellings shall do all the following to recycle the materials specified in § 556-19E 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.
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 the Department of Natural Resources that recovers for recycling the materials specified in § 556-19E 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 § 556-19E through O:
(1) 
Provide adequate, separate containers for the recyclable materials.
(2) 
Notify, in writing, at least 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 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.
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 the Department of Natural Resources that recovers for recycling the materials specified in § 556-19E through O from solid waste in as pure a form as is technically feasible.
It shall be unlawful for any person, unless under contract with the City or licensed by the City, to collect or remove any recyclable material that has been placed at the curb for the purposes of collection for recycling.
A. 
For the purpose of ascertaining compliance with the provisions of this article, any authorized officer, employee or representative of the City of Fond du Lac 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 City who requests access for purposes of inspection and who presents appropriate credentials. No person may obstruct, hamper, or interfere with such inspection.
B. 
Any person who violates a provision of this article may be issued a citation. The issuance of a citation shall not preclude proceeding under any other section or law relating to the same or any other matter. Proceeding under any other section or law relating to the same or any other matter shall not preclude the issuance of a citation under this subsection.
C. 
Penalties for violating this article may be assessed as follows:
(1) 
Any person who violates § 556-26 may be required to forfeit $50 for a first violation, $200 for a second violation, and not more than $2,000 for a third or subsequent violation.
(2) 
Any person who violates a provision of this article except § 556-26 may be required to forfeit not less than $10 nor more than $1,000 for each violation.