[HISTORY: Adopted by the City Council of the City of Fond
du Lac as indicated in article histories. Amendments noted where applicable.]
[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:
Such items as old furniture, lumber, large toys, etc., which
are bulky in nature and are discarded in the normal operation of a
household.
Garbage, rubbish or garbage and rubbish mixed together.
All waste from the construction, remodeling and demolition
of structures and ancillary facilities, including sidewalks, driveways
and cisterns.
Ordinary household garbage or rubbish which does not fit
into the City-issued container.
A condition that unreasonably interferes with the enjoyment
of life or property and is injurious to public health, welfare or
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:
Manufacturing property.
Commercial property.
Apartment buildings with five or more dwelling units.
Tax exempt properties, i.e., fraternal lodges, nursing homes,
hospitals, clinics, schools, churches and government buildings.
Dwelling units located on properties for which the predominant
use is commercial.
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.
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:
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:
A container for food and other perishable storage, commonly
referred to as a "tin can."
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
stove, furnaces, boilers, dehumidifiers or water heaters.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
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.
Plastic resins labeled by the SPI Code No. 7.
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.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
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.
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.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
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.
Has the meaning specified in § 289.01(33), Wis.
Stats.
Has the meaning specified in § 289.01(35), Wis.
Stats.
Any method, technique or process which is designed to change
the physical, chemical or biological character or composition of solid
waste. "Treatment" includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
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.
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.
[Amended 9-11-2019 by Ord. No. 3697]
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall manage lead acid batteries, 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.
Appliances shall be delivered to businesses which recycle appliances.
The Director of Public Works shall maintain a list of such businesses
which shall be available to the public. Appliances may also be taken
to the Municipal Garage for disposal. The fees for appliances are
set by resolution of the City Council.
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 during normal bulky waste hours.
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. In the case of single-family
and two- to four-unit residences waste tires may also be taken to
the Municipal Garage for disposal. The fee for tire disposal is set
by resolution of the City Council.
E.
Yard waste materials.
(1)
In the case of single-family and two- to four-unit residences, 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.
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.
