Village of Dresser, WI
Polk County
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[1]
Editor's Note: Former Secs. 11.01, 11.02, 11.03 and 11.04 were repealed by Ord. No. 175.
(1) 
Permit required. No person shall conduct within the Village or within one mile of the Village limits any business which has a tendency to create a public nuisance, except upon permit issued by the Village Board and subject to such conditions as the Board may impose.
[Amended by Ord. No. 175]
(2) 
Definition. A business which has a tendency to create a public nuisance is one which, unless properly regulated, may create conditions creating a public nuisance as defined in sec. 10.02 of this Code.
(3) 
Authority. This section is enacted pursuant to § 66.0415, Wis. Stats.
[Amended by Ord. No. 175]
(1) 
Notice to connect. Whenever sewer and water become available to any building used for human habitation, the Direction of Public Works shall notify, in writing, the owner, agent or occupant thereof to connect thereto all facilities required by the Director. If such person to whom the notice has been given shall fail to comply for more than 10 days after the notice, the Director shall cause the necessary connections to be made and the expense thereof shall be assessed as a special tax against the property, pursuant to § 144.06, Wis. Stats.
(2) 
Abatement of privies and cesspools. After connection to a water main and public sewer, no privy, privy vault or cesspool shall be constructed or maintained upon such lot or parcel and shall be abated upon 10 days' written notice for such abatement by the Director of Public Works. If not so abated, the Director shall cause the same to be done and the cost thereof assessed as a special tax against the property.
(3) 
Extension. The Director of Public Works may extend the time for connection hereunder or may grant other temporary relief where strict enforcement would work an unnecessary hardship without corresponding public or private benefit.
(4) 
Where sewer mains are not available, chemical toilets shall be used. No surface privy, cesspool or dry closet shall be constructed or maintained on any lot or parcel without a permit granted by the Director of Public Works.
See ch. 9 of this Code.
[Amended by Ord. No. 139]
(1) 
Definitions. The terms used herein shall be defined as follows:
(a) 
REFUSE — Recyclable and nonrecyclable solid waste which is defined by Village ordinance, County ordinance, or State of Federal statute or regulation and which includes solid wastes defined as follows:
1. 
GARBAGE — Putrescible animal and vegetable waste resulting from the handling, preparation, cooking and consumption of food.
2. 
RUBBISH — Nonputrescible solid waste consisting of both combustible and noncombustible waste such as paper, cardboard, plastic, metal objects, yard clippings, wood, grass, furniture, tree trimmings, appliances and similar materials.
(b) 
CONTRACTED — Performed for pay by other than the resident or his immediate family.
(c) 
RESIDENCE — Housing accommodations with no more than two dwelling units in any structure. It shall not include any commercial or industrial, or multi-family operation, establishment or business.
(2) 
Purpose. The purpose of this section is to maintain and protect public health and sanitation by the removal of refuse from residences in the Village and to eliminate dispersal of refuse along the streets, roads or other properties in and near the Village.
(3) 
Collection.
(a) 
All refuse accumulated in residences in the Village shall be collected, conveyed and disposed of by the Village or by its authorized contractor or contractors. No such contract shall be exclusive. No person other than the Village or its authorized contractor or contractors shall collect, convey or dispose of refuse accumulated on residential premises of the Village.
(b) 
Refuse accumulated at multiple dwelling units and nonresidential premises shall be disposed of by the owner, renter or other occupant of such premises.
(4) 
Containers.
(a) 
Refuse containers shall be metal or plastic with tight fitting covers and shall be watertight. Such containers may be supplied by the resident or the contractor. There shall be no charge for the container itself if supplied by the contractor under the fee schedule then in effect by contract.
(b) 
Refuse containers shall be stored out of view as much as possible, but shall be readily accessible to the collector on the day of collection.
(5) 
Collection schedule.
(a) 
Refuse shall be collected at least once each week according to a schedule to be determined and notice to be given by the collector from time to time.
(b) 
There shall be no limit on the quantity of refuse placed for collection. Notwithstanding the foregoing, the charges for collection of refuse in the Village may be based on the volume of refuse collected plus an additional charge for items in excess of the fee schedule then in effect under contract with the collector.
(6) 
Storage of refuse. No person shall place any refuse in any street, alley or other public place or upon any private property, whether owned by such person or not, within the Village limits unless it is in proper containers for collection. No person shall throw or deposit any refuse in any stream or other body of water. Any unauthorized accumulation of refuse on any premises in the Village is hereby declared to be a public nuisance and is prohibited. No person shall cast, place or deposit anywhere within the Village any refuse so that the elements may carry or deposit it upon any street, sidewalk, sewer, parkway or other public place or into any occupied premises within the Village.
(7) 
Burning refuse. No person shall burn any refuse within the Village except as provided in ch. 9 of this Code.
(8) 
Spillage or leakage of refuse prohibited. All refuse hauled over public streets in the Village shall be securely tied and covered to prevent leaking, spilling or blowing. No person shall allow any refuse to leak, spill, blow or drop from any vehicle on any public street within the Village.
(9) 
Fees.
(a) 
Fees charged for the collection of refuse in the Village shall be calculated by volume of refuse collected on a schedule approved for that purpose, except that the collector may provide for additional per item fees in excess of the usual volume rate then pertaining to any one residence and except that such schedule shall provide for a discount to residents who are 62 years of age or older or permanently disabled regardless of age and whose volume based rate is at the lowest scheduled rate on the then effective schedule.
(b) 
To determine the volume rate fee schedule pertaining to any one residence, the collector shall supply a collection container consistent with its contract with the Village and charge therefor the rate established. Where a resident supplies containers for collection of refuse, the collector shall estimate the volume of refuse from such residence using the fee schedule as a guide and charge the applicable rate from the schedule that best conforms to the volume represented by the resident's containers. Once a fee schedule rate has been established for a residence, the collector may charge additional sums for separate bags, bundles, boxes or similar containers left for collection in excess of the then effective rate. A resident may avoid such additional charges by accepting the next larger volume container and volume rate from the collector.
(c) 
Billing for fees associated with refuse collection shall be done by the collector.
(d) 
The fee schedule determined by agreement between the Village and the contractor or contractors from time to time shall be approved by the Village Board by resolution without requiring a change in this section.
(e) 
The Village shall have the right, from time to time, to inspect the billing records of the collector and to audit such records to insure that the collector's billing practices are in keeping with this Code.
[Amended by Ord. No. 139]
(1) 
It is the express public policy of the Village that recycling of all refuse, as defined in sec. 11.08(1)(a) of this chapter, to the extent possible or provided by the Village or its authorized contractor, is mandatory throughout the Village.
(2) 
It is the further public policy and purpose of this section that the definition, for the purpose of this section, of the terms recyclable solid waste, recyclable refuse, recyclable materials, recyclables or other such similar terms as may be applicable at the time of the passage of this section, or as may come into common usage through the compliance with or the application of local, County, State or Federal laws regulating such materials, shall be deemed to be the most restrictive definition of such source or authority without requiring the Village Board, by ordinance, resolution or otherwise, to specifically approve and adopt such definition.
(3) 
Mandatory recycling in the Village shall be performed by the Village or its duly authorized contractor.
(4) 
Mandatory recycling shall be a service performed without additional charge by such collector in excess of the charge then in effect under sec. 11.08 of this chapter for the collection of refuse.
(5) 
The proper preparation of recyclable materials shall be determined from time to time by the collector, and such notices, announcements, requirements and guidelines shall be delivered to the residents receiving mandatory recycling service from time to time by the collector at the collector's sole cost and expense.
(6) 
Containers for the mandatory recycling of refuse in the Village shall be supplied by the collector thereof without additional charge to the residents of the Village in excess of the charge then in effect under sec. 11.08 of this chapter for the collection of refuse.
The County Health Officer may enter and examine any public premises or any place where meat, fish, poultry, game, milk, bakery goods or other foodstuffs are stored, prepared or dispensed for public consumption and to inspect or examine any vehicle transporting such foodstuffs to enforce the provisions of this chapter.
No person shall deposit human waste products upon, nor urinate or defecate upon, any public or private property other than into a toilet or other device designed and intended to be used to ultimately deposit such human waste products into a septic or sanitary sewer system.
(1) 
Definitions. The terms used herein shall be defined as follows:
(a) 
BLIGHTING INFLUENCE — A condition having an adverse effect on surrounding properties.
(b) 
DEBRIS — Broken concrete, bricks, blocks or other mineral matter; bottles, porcelain and other glass or crockery, and boxes; wood, except neatly stored firewood, posts, sticks; plastic, wire, tin and metal items; discarded household goods or appliances, junk lawn mowers, tar paper, residues from burning or any similar materials which constitute health, fire or safety hazards.
(c) 
JUNK — Any old or scrap metal, metal alloy, synthetic or organic material or waste, or any junked, ruined, dismantled or wrecked motor vehicle or machinery, or any part thereof, whether salvageable or not. An unlicensed motor vehicle shall be construed to be a junked motor vehicle.
(d) 
NONCOMBUSTIBLE MATERIAL — Material that cannot be burned.
(e) 
REFUSE — See "Debris."
(f) 
RUBBISH — Combustible and noncombustible waste materials, except garbage, and the term shall include the residue from the burning of wood, coal, coke and other combustible materials, paper, rags, cartons, boxes, excelsior, rubber, leather, tin cans, metals, mineral matter, glass crockery and dust, and other similar materials.
(2) 
Exterior area requirements. All exterior areas of any premises shall be kept in a clean and sanitary condition free from any combustible material, debris, junk and refuse or any similar material which could or may cause fire, safety or health hazards, or a serious blighting influence upon surrounding properties.
(3) 
Powers and duties of Chief of Police. The Chief of Police shall enforce the provisions of this section and is hereby authorized and directed to make inspections in response to a complaint that an alleged violation of this section exists or when he has good reason to believe that a violation is being committed.
(1) 
The provisions of the Wisconsin Statutes describing and defining regulations with respect to indoor smoking contained in § 101.123, Wis. Stats., known as the Clean Indoor Air Act, are hereby adopted and by reference made a part of this section as if fully set forth herein.
(2) 
Any act required to be performed or prohibited by § 101.123, Wis. Stats., incorporated herein by reference, is and shall be, as amended, required or prohibited by this section.
(3) 
The penalty for a violation of this section relating to an individual smoking in a prohibited area or relating to a person in charge, shall be a forfeiture as set forth in § 101.123(8), Wis. Stats.
(4) 
The Village shall not consider an arrest or conviction for a violation punishable under this section in any action to revoke, suspend, or refuse to renew a Class "B" or "Class B" license or permit.
Except as otherwise provided for herein, any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder, upon conviction thereof, shall be subject to a penalty as provided in sec. 25.04 of this Code.