[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:
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.
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.
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.
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.
A.
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.
B.
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.
C.
Recycling containers, as described in the definition of "recycling containers" in § 254-2, shall be the required receptacles for collection of recyclables in households.
D.
Garbage contractors shall not operate between the hours of 7:00 p.m.
and 7:00 a.m. and shall not operate on Sundays.
E.
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.
F.
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.
G.
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.
H.
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.
I.
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.
J.
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.
K.
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.
L.
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.
M.
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.
