[HISTORY: Adopted by the Common Council of the City of Lancaster
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Hazardous materials — See Ch. 251.
[Adopted 8-15-2005 by Ord. No. 2005-06 as §§ 11.04
and 11.20 of the 2005 Code]
No person shall place, throw, permit to flow or leave any slop,
dirty water or other liquid of offensive smell or otherwise nauseous
or unwholesome, or any dead carcass, carrion, meat, fish, entrails,
manure or other rubbish, or any ashes, garbage, dirt, paper or refuse
of any kind or description in or upon any street, gutter, sidewalk,
alley, public ground or upon any lot or lands in the City, nor shall
any putrid or decaying matter be kept in a house, cellar or adjoining
outbuilding for more than 24 hours, except in receptacles and in the
manner as in this article provided.
Each householder or other person, restaurant or other place
of business having garbage or other refuse mentioned in this article
to dispose of, which does not otherwise provide for its disposal in
a sanitary manner, shall dispose of such garbage or refuse as follows:
A.
Garbage. All garbage, offal and decaying matter shall be wrapped
and placed in watertight metal receptacles not exceeding 15 gallons
in capacity provided with a fly-tight and watertight cover; such receptacles
shall be placed at a convenient point on the premises most accessible
to the person collecting the garbage, and no person shall put anything
but animal or vegetable matter in such receptacles.
B.
Ashes, tin cans, bottles, etc. Ashes, tin cans, bottles and other
rubbish of a similar nature, except for materials which are recyclable,
shall be placed in the rear of the premises in any receptacle which
shall be securely covered, and such receptacle may be placed in streets
and alleys shortly before the contents are collected for disposal.
C.
Disturbance of garbage receptacles prohibited. No person shall, in
any manner, disturb, remove or aid in disturbing or removing any garbage,
nauseous substance, ashes, rubbish or refuse after the same has been
deposited in containers, or otherwise been placed or set aside for
collection or removal.
Any person who shall violate any of the provisions of this article shall, upon conviction of such violation, be subject to a penalty as provided in § 1-4 of this Municipal Code.
[Adopted 8-15-2005 by Ord. No. 2005-06 as § 11.08
of the 2005 Code]
The purpose of this article is to promote recycling, composting,
and resource recovery through the administration of an effective recycling
program, as provided in § 287.11, Wis. Stats., and Ch. NR
544, Wis. Adm. Code.
This article is adopted as authorized under § 287.09(2),
Wis. Stats., and the City of Lancaster Common Council.
It is not intended by this article to repeal, abrogate, annul,
impair or interfere with any existing rules, regulations, ordinances
or permits previously adopted or issued pursuant to law. However,
whenever this article imposes greater restrictions, the provisions
of this article shall apply.
In their interpretation and application, the provisions of this
article shall be held to be the minimum requirements and shall not
be deemed a limitation or repeal of any other power granted by the
Wisconsin Statutes. Where any terms or requirements of this article
may be inconsistent or conflicting, the more restrictive requirements
or interpretation shall apply. Where a provision of this article is
required by Wisconsin Statutes, or by a standard in Ch. NR 544, Wis.
Adm. Code, and where the article provision is unclear, the provision
shall be interpreted in light of the Wisconsin Statutes and the Ch.
NR 544 standards in effect on the date of the adoption of this article,
or in effect on the date of the most recent text amendment to this
article.
The requirements of this article apply to all persons within
the City of Lancaster corporate limits.
The provisions of this article shall be administered by the
Director of Public Works and the Common Council of the City of Lancaster.
The provisions of this article shall take effect on January
1, 1995.
For the purposes of this article, the following terms shall
have the meanings indicated:
A container for food and/or beverages that is made primarily
of a combination of steel and aluminum.
Corrugated paperboard used in the manufacture of shipping
containers and related products.
Packaging made primarily from foam polystyrene that satisfies
one of the following criteria:
High-density polyethylene, labeled by the SPI Code No. 2.
Low-density polyethylene, labeled by the SPI Code No. 4.
Magazines and other materials printed on similar paper.
A residential or commercial air conditioner, clothes dryer,
clothes washer, dishwasher, freezer, microwave oven, oven, refrigerator,
furnace, boiler, dehumidifier, water heater or stove.
A property containing five or more residential units, including
those which are occupied seasonally.
A newspaper and other materials printed on newsprint.
Commercial, retail, industrial, institutional and governmental
facilities and properties. This term does not include multiple-family
dwellings.
High-grade printing and writing papers from offices in nonresidential
facilities and properties. Printed white ledger and computer printout
are examples of office paper generally accepted as high grade. This
term does not include industrial process waste.
Plastic resins labeled by the SPI Code No. 7.
Includes any individual, corporation, partnership, association,
local governmental unit, as defined in § 66.0131(1)(a),
Wis. Stats., state agency or authority or federal agency.
Polyethylene terephthalate, labeled by the SPI Code No. 1.
An individual, separate, rigid plastic bottle, can, jar or
carton, except for a blister pack, that is originally used to contain
a product that is the subject of a retail sale.
Solid waste other than solid waste generated in the production
of goods, hazardous waste, as defined in § 291.01(7), Wis.
Stats., waste from construction and demolition of structures, scrap
automobiles, or high-volume industrial waste, as defined in § 289.01(17),
Wis. Stats.
Polypropylene, labeled by the SPI Code No. 5.
Polystyrene, labeled by the SPI Code No. 6.
Polyvinyl chloride, labeled by the SPI Code No. 3.
Includes lead acid batteries; major appliances; waste oil;
yard waste; aluminum containers; corrugated paper or other container
board; foam polystyrene packaging; glass containers; magazines; newspaper;
office paper; rigid plastic containers, including those made of PETE,
HDPE, PVC, LDPE, PP, PS, and other resins or multiple resins; steel
containers; waste tires; and bimetal containers.
Has the meaning specified in § 289.01(33), Stats.
Has the meaning specified in § 289.01(35), Stats.
Any method, technique or process that is designed to change
the physical, chemical or biological character or composition of solid
waste. Treatment includes incineration.
A tire that is no longer suitable for its original purpose
because of wear, damage or defect.
Leaves, grass clippings, yard and garden debris and brush,
including clean woody vegetative material no greater than six inches
in diameter. This term does not include stumps, roots, or shrubs with
intact root balls.
Occupants of single-family and two- to four unit-residences,
multiple-family dwellings and nonresidential facilities and properties
shall separate the following materials from post consumer waste:
A.
Lead acid batteries.
B.
Major appliances.
C.
Waste oil and antifreeze.
D.
Yard waste.
E.
Aluminum containers.
F.
Bimetal containers.
G.
Corrugated paper or other container board.
H.
Foam polystyrene packaging.
I.
Glass containers.
J.
Magazines.
K.
Newspaper.
L.
Unsoiled paper, including but not limited to office paper, paperboard
(cereal boxes, etc.), advertising circulars, junk mail, and other
similar paper products.
M.
Rigid plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS, and
other resins or multiple resins.
N.
Steel containers.
O.
Waste tires.
The separation requirements of § 414-12 do not apply to the following:
A.
Occupants of single-family and two- to four-unit residences, multiple-family dwellings and nonresidential facilities and properties that send their post consumer waste to a processing facility licensed by the Wisconsin Department of Natural Resources that recovers the materials specified in § 414-12 from solid waste in as pure a form as is technically feasible.
B.
Solid waste which is burned as a supplemental fuel at a facility
if less than 30% of the heat input to the facility is derived from
the solid waste burned as supplemental fuel.
To the greatest extent practicable, the recyclable materials separated in accordance with § 414-12 shall be clean and kept free of contaminants, such as food or product residue, oil or grease, or other nonrecyclable materials, including but not limited to household hazardous waste, medical waste, and agricultural chemical containers. Recyclable materials shall be stored in a manner that protects them from wind, rain, and other inclement weather conditions.
Occupants of single-family and two- to four-unit residences,
multiple-family dwellings and nonresidential facilities and properties
shall manage lead acid batteries, major appliances, waste oil, and
yard waste as follows:
A.
Lead acid batteries shall be returned to retailers or placed besides
recycling container for pickup no sooner than 24 hours before collection
day.
B.
Major appliances shall be collected on regular collection days and
shall be placed at curbside no sooner than 48 hours before collection
day.
C.
Waste oil and antifreeze shall be placed beside recycling container
on collection days and be free of solvents, gasoline and foreign materials,
or taken to City waste collection site(s).
D.
Yard and garden waste shall be placed in open containers or neatly
placed off the roadway beside the curbs and separated from other refuse
for scheduled pickup. The City-wide collection shall occur between
May 3 and 7 and October 4 and 8. Individuals may also take their own
yard and garden waste to the City compost site located near the wastewater
treatment plant off South Madison Street. Branches, brush and tree
trimmings are to be tied in bundles less than eight feet long and
under 40 pounds. They are to be neatly stacked on the curb for pickup
the first Monday of the month from April through September. Christmas
trees shall be deposited by the curb, free from decorations and stands,
for pickup. Specific times and dates for pickup shall be posted in
the local newspaper.
Except as otherwise directed by the Common Council of the City
of Lancaster, occupants of single-family and two- to four-unit residences
shall do the following for the preparation and collection of the separated
materials specified as follows:
A.
Aluminum containers shall be rinsed and flattened and placed in recycling
container.
B.
Bimetal containers shall be cleaned and placed in recycling container.
C.
Corrugated paper or other container board shall be dry, flattened
and/or bundled, unsoiled, and placed in or near recycling container.
D.
Foam polystyrene packaging shall be in a clear bag or container and
placed in recycling container.
E.
Glass food and beverage containers shall be rinsed, unbroken with
lids removed and placed in recycling container.
F.
Magazines shall be dry, bagged or bundled and placed in recycling
container.
G.
Newspaper shall be dry, bagged or bundled and placed in recycling
container.
H.
Paper products shall be dry, clean, bagged and bundled and placed
in or nearby recycling container. (If shredded, it shall be in clear
bags and tied.)
I.
Plastic containers made of PETE, HDPE, PVC, LDPE, PP, PS and other
resins or multiple resins, including all these mandated by the State
of Wisconsin, shall be rinsed, caps removed and placed in recycling
container.
[Amended 11-17-2014 by Ord. No. 2014-05]
J.
Steel containers shall be cleaned and placed in recycling container.
K.
Waste tires shall be collected on regular collection days and placed
at curbside no sooner than 48 hours before collection day.
A.
Owners or designated agents of multiple-family dwellings shall do all of the following to recycle the materials specified in § 414-12E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify tenants in writing at the time of renting or leasing the dwelling
and at least semiannually thereafter about the established recycling
program.
(3)
Provide for the collection of the materials separated from the solid
waste by the tenants and the delivery of the materials to a recycling
facility.
(4)
Notify tenants of reasons to reduce and recycle solid waste, which
materials are collected, how to prepare the materials in order to
meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A do not apply to the owners or designated agents of multiple-family dwellings if the post consumer waste generated within the dwelling is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 414-12E through O from solid waste in as pure a form as is technically feasible.
A.
Owners or designated agents of nonresidential facilities and properties shall do all of the following to recycle the materials specified in § 414-12E through O:
(1)
Provide adequate, separate containers for the recyclable materials.
(2)
Notify in writing, at least semiannually, all users, tenants and
occupants of the properties about the established recycling program.
(3)
Provide for the collection of the materials separated from the solid
waste by the users, tenants and occupants and the delivery of the
materials to a recycling facility.
(4)
Notify users, tenants and occupants of reasons to reduce and recycle,
which materials are collected, how to prepare materials in order to
meet the processing requirements, collection methods or sites, locations
and hours of operation, and a contact person or company, including
a name, address and telephone number.
B.
The requirements specified in Subsection A of this section do not apply to the owners or designated agents of nonresidential facilities and properties if the post consumer waste generated within the facility or property is treated at a processing facility licensed by the Department of Natural Resources that recovers for recycling the materials specified in § 414-12E through O from solid waste in as pure a form as is technically feasible.
A.
For the purpose of ascertaining compliance with the provisions of
this article, any authorized officer, employee or representative of
the City of Lancaster may inspect recyclable materials separated for
recycling, post consumer waste intended for disposal, recycling collection
sites and facilities, collection vehicles, collection areas of multiple-family
dwellings and nonresidential facilities and properties, and any records
relating to recycling activities, which shall be kept confidential
when necessary to protect proprietary information. No person may refuse
access to any authorized officer, employee or authorized representative
of the City of Lancaster who requests access for purposes of inspection
and who presents appropriate credentials. No person may obstruct,
hamper, or interfere with such an inspection.
B.
Any person who violates a provision of this article may be issued
a citation by the City of Lancaster to collect forfeitures. The issuance
of a citation shall not preclude proceeding under any other ordinance
or law relating to the same or any other matter. Proceeding under
any other ordinance or law relating to the same or any other matter
shall not preclude the issuance of a citation under this subsection.
