[HISTORY: Adopted by the Town Board of the Town of Oconomowoc as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-6-1992; amended in its entirety 10-24-1994 (Secs. 11.02 and 11.05 of the 1986 Town Code)]
The purpose of this article is to promote the public health, safety, prosperity and general welfare of the citizens of the Town of Oconomowoc, to reduce the amount of recyclable items which are currently placed in landfills and to preserve the environment.
As used in this article, the following terms shall have the meanings indicated:
- CURBSIDE PICKUP
- Recyclable and nonrecyclable items collected from a predetermined location agreeable with the household occupant and the contractor and where garbage, rubbish or waste material is placed for purposes of collection.
- GARBAGE CONTRACTOR
- A person, firm, corporation or entity who or which collects garbage, rubbish or waste materials for hire in the Town of Oconomowoc.
- Dwellings of one or more families having private pickup and collection service.
- RECYCLABLE MATERIALS
- Newspapers; brown, green and white container glass; aluminum, tin or bimetal cans and lids; plastic containers; any other material from time to time deemed by the County of Waukesha Multi-Material Recycling Facility to be recyclable.
- RECYCLING CONTAINERS
- Open, weather-resistant containers acceptable to the contractor and which allow for clear visibility of materials placed therein for collection. Plastic bags are not acceptable recycling containers.
Each household shall subscribe to the recycling service provided by licensed garbage contractors.
No person may collect garbage, rubbish or waste material, or recyclable materials, except for the owner or occupant of a single-family dwelling, the owner or occupant of an apartment building or condominium, construction contractor removing scrap and debris from building sites, or municipal workers unless licensed by the Town. Such person serving as a garbage contractor shall provide recycling service to its customers for all collection, which will include recyclable materials to be picked up on the same day as such garbage contractor's regular pickup, or such garbage contractor shall subcontract with a registered garbage contractor to provide such recycling pickup service to its customers pursuant to this article. Nothing in this section shall be construed to limit collection service to single-family households.
Licensing applications and licenses shall be on forms prepared and furnished by the Town Clerk and shall set forth the name and address of the applicant, a description of vehicles used, and such other information as may be required by the Town Clerk or the Town Board. The license period shall be from January 1 to December 31 each year. License fees shall be $50 annually regardless of the number of vehicles operated by the garbage contractor in the Town.
Recycling containers, as described in the definition of "recycling containers" in § 254-2, shall be the required receptacles for collection of recyclables in households.
Garbage contractors shall not operate between the hours of 7:00 p.m. and 7:00 a.m. and shall not operate on Sundays.
Garbage contractors may charge a variable rate which uses as a factor the volume of garbage set out for pickup after all recyclables have been segregated. The amount of such charge, which shall increase based on volume, shall be the prerogative of the garbage contractor, so long as a cost differential based on volume exists.
It shall be the right of any contractor to refuse to pick up trash or recyclables not properly separated. This garbage shall be removed from the set-out location by the person who put the unseparated materials out for pickup.
The garbage contractors shall collect and keep newspapers and other recyclable materials separate from nonrecyclable materials. Recyclables picked up in a commingled fashion shall, along with newspapers, be delivered to the Waukesha County Multi-Material Recycling Facility.
Garbage contractors shall keep records of the garbage, by tons or cubic yards, dumped at landfills, and recyclables collected and report the same to the Town Board and to the Waukesha County Division of Recycling and Solid Waste every six months.
Haulers may charge an additional fee for removal of leaves, grass, plant debris, brush or other yard wastes. However, no such materials may be dumped at the Town's transfer site. Garbage contractors shall charge their customers for such service based upon volume.
Each vehicle shall have a hauling body with closed joints to prevent the dripping or leakage of liquid or debris, and with adequate means to cover and keep the material securely within the hauling body. Each vehicle shall be kept well painted, clean and in good repair, and reasonably free from odors. Each vehicle shall bear the name and address of the owner.
Collectors shall, so far as possible, transfer the contents of all containers into their vehicles without spilling said contents on driveways, walks, yards or streets and shall clean up all of such contents as may be spilled during collection. Collectors shall make a reasonable effort to completely empty containers and to secure lids.
Licenses may be suspended and revoked for violations of this section, or other applicable laws or ordinances, after a public hearing by the Town Board with at least 10 days' written notice thereof being given the licensee.
Haulers shall comply with all applicable federal and state statutes and administrative rules and all local ordinances.
Recyclables placed at the curb in recycling containers for collection shall remain the property of the householder until such time as the garbage contractor or its authorized agent shall take possession of such recyclables. It shall be a violation of this article for any person, unauthorized by the householder or recycling collector, to collect or cause to be collected any such items.
This article shall be applicable only to single-family, condominium and apartment dwellings. It shall become effective with respect to single-family homes, condominiums and apartments on October 24, 1994.