[Adopted 8-27-1984 by Ord. No. 250]
The collection of garbage and refuse as defined herein shall be under the supervision of the Health and Welfare Committee, and it shall make such regulations as are necessary regarding the collection of garbage and refuse. The enforcement of health regulations relating to garbage and refuse disposal shall be the responsibility of the Health Officer of the City of Hayward, or in the alternative, the City Police Department.
A. 
No person shall deposit, throw or place garbage, offal, dead animals, combustible refuse, or other deleterious matter in any park, lane, alley, street, public grounds or public place within the City of Hayward, nor place any garbage, offal, dead animals or other refuse matter upon any private property whether owned by such person or not, unless the same is enclosed in proper vessels or containers, which shall be watertight and kept so with tightly fitting covers. All such containers or vessels shall be properly delivered or readily accessible to the collector when called for and shall be returned by the owner or the collector, depending on the collection arrangements to such place, or places without unnecessary delay; and no such person, excepting the owner thereof or a member of his household, shall in any manner interfere with the container or vessel or the contents thereof, except to empty the container.
B. 
Storage for the containers shall be in a place so as not to create a nuisance or a public health problem.
A. 
As used in this article, the following terms shall have the meanings indicated:
GARBAGE
Any refuse accumulation of animal, fruit or vegetable matter, liquid or solid that attends the preparation, use, cooking, dealing in or storing of meat, fish, fowl, fruit or vegetables, including that from houses, butcher shops, and similar establishments and including in both cases, natural content of moisture.
REFUSE
Combustible and noncombustible refuse. Discarded, relatively dry, miscellaneous materials, comprising chiefly of wood, paper, rags, excelsior, straw, leather, boxes, sweepings from buildings and similar discarded articles of combustible and noncombustible nature.
B. 
Any combination of garbage and refuse shall always be deemed to be garbage for the purpose of licensing under this section.
Each person occupying and dwelling in a house or other building or portion thereof and producing garbage for collection shall provide and renew, when necessary, a sufficient number of cans to hold the garbage accumulating between collections without overloading. Garbage cans shall be of metal or plastic and of substantial construction with tight-fitting covers and strong handles on the outsides and shall be watertight and flyproof. All garbage receptacles shall be at the time for collection readily accessible for the collector at the curb or in any other location privately contracted for. All garbage before being placed in garbage receptacles shall be thoroughly drained and well wrapped in paper or placed in plastic bags. All cans shall be maintained by the user in reasonably good, clean and sanitary condition. The can filled shall not weigh more than 65 pounds. Any defective can or any receptacles having ragged or sharp edges or any defects which might injure or hamper the person collecting the waste must be replaced immediately by a new can. Where garbage and refuse is collected from commercial establishments such as hotels, restaurants and other business places, and where said collection is of such a volume that it is convenient to use larger containers commonly known as "dumpsters," the provisions as set forth herein shall apply, except the gross weight limit of the container shall be governed by the mechanical means used to unload the dumpster. Said dumpster shall meet the same requirements as metal or plastic cans, with respect to tight-fitting covers and being watertight and flyproof.
All waste resulting from remodeling, construction or removal of a building, roadway, or sidewalk shall be disposed of by the owner, builder or contractor.
No garbage, mixed refuse or dead animals shall be kept more than seven days on any premises except at an approved and properly licensed sanitary landfill site except for special circumstances which may be approved by the City Health Officer. 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 of Hayward, 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.
All stored manure from any animals shall be kept in flyproof and impervious containers which are kept and maintained in good repair.
[Amended 6-11-1990 by Ord. No. 280; at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
Any person who violates any of the provisions of this article, upon conviction thereof, shall forfeit not less than $100 nor more than $200 for the first offense. Every day of violation shall constitute a separate offense. Upon second and subsequent convictions, forfeiture shall be not less than $150 nor more than $300 for each offense.
The provisions of Ordinance No. 193[1] authorizing the use of citation for certain ordinance violations is hereby incorporated by reference, and this article shall be added to Section 1 therein, whereby said citation procedure is authorized to be issued for violations hereof.
[1]
Editor's Note: So in original.
[Amended 6-11-1990 by Ord. No. 280]
The Clerk of Circuit Court for Sawyer County, Wisconsin, shall have the authority to accept cash deposits for forfeitures and/or bond, pursuant to the schedule set forth below, or as ordered by the Circuit Court for Sawyer County:
A. 
First alleged offense: $100.
B. 
Second alleged offense: $150.
C. 
Third alleged offense: $200.