[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were repealed by Ord.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 its authorized
permit holder hauler collectors. No such permit shall be exclusive.
No person other than the Village or its authorized and permitted hauler
collectors shall collect, convey or dispose of refuse accumulated
on residential premises of the Village.
[Amended 12-7-2020 by Ord. No. 256-2020]
(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 by the hauler collectors. There shall be no charge
for the container itself if supplied by the hauler collectors.
[Amended 12-7-2020 by Ord. No. 256-2020]
(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 with the collector.
[Amended 12-7-2020 by Ord. No. 256-2020]
(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 schedule.
[Amended 12-7-2020 by Ord. No. 256-2020]
(b)
To determine the volume rate fee schedule pertaining to any
one residence, the collector shall supply a collection container 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.
[Amended 12-7-2020 by Ord. No. 256-2020]
(c)
Billing for fees associated with refuse collection shall be
done by the collector.[1]
[1]
Editor's Note: Former Subsection (9)(d), regarding approval
of the fee schedule by the Village Board, and Subsection (9)(e), regarding
the right of the Village to inspect the billing records of the collector,
which immediately followed this subsection, were repealed 12-7-2020
by Ord. No. 256-2020.
[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 permit
hauler collectors, is mandatory throughout the Village.
[Amended 12-7-2020 by Ord. No. 256-2020]
(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 and permitted hauler collectors.
[Amended 12-7-2020 by Ord. No. 256-2020]
(4)
Mandatory recycling shall be a service performed without additional
charge by such collector in excess of the charge for the collection
of refuse.
[Amended 12-7-2020 by Ord. No. 256-2020]
(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
for the collection of refuse.
[Amended 12-7-2020 by Ord. No. 256-2020]
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.